PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
PUBCORP REVIEWER SECTION 2. DECLARATION OF POLICY
A summary of Dr. Angeles’ book,
“Restatement of the Law on Local Government”
Good luck, and pay it forward.
SECTION 1. TITLE
This Act shall be known and cited as the "Local Government Code of 1991".
Local government – A political subdivision of a nation or state which is
constituted by law and has substantial control of local affairs.
Local government unit (LGU) – A body politic and corporate—one
endowed with powers as a political subdivision of the National Government
and as a corporate entity representing the inhabitants of its territory.
LGUs are composed of?
- Provinces
- Cities
- Municipalities
- Barangays
ü The Local Government Code of 1991 is considered as the most
revolutionary piece of legislation on local autonomy.
When did the LGC of 1991 take effect?
- 1 January 1992, after publication in a newspaper of general circulation.
(a) It is hereby declared the policy of the State that the territorial and political
subdivisions of the State shall enjoy genuine and meaningful local autonomy
to enable them to attain their fullest development as self-reliant communities
and make them more effective partners in the attainment of national goals.
Toward this end, the State shall provide for a more responsive and
accountable local government structure instituted through a system of
decentralization whereby local government units shall be given more
powers, authority, responsibilities, and resources. The process of
decentralization shall proceed from the national government to the local
government units.
(b) It is also the policy of the State to ensure the accountability of local
government units through the institution of effective mechanisms of recall,
initiative and referendum.
(c) It is likewise the policy of the State to require all national agencies and
offices to conduct periodic consultations with appropriate local government
units, non-governmental and people's organizations, and other concerned
sectors of the community before any project or program is implemented in
their respective jurisdictions.
Decentralization – The process by which LGUs are given more powers,
authority, responsibilities, and resources by the national government. It is the
devolution of national administration—but not power—to the local levels.
Recall – The mode of removal of a public officer by the people before the
end of his term of office.
ü The people’s prerogative to remove a public officer is an incident of their
sovereign power. Such power has been held to be indispensable for the
proper administration of public affairs.
Initiative – The legal process whereby the registered voters of a LGU may
directly propose, enact, or amend any ordinance.
1

Referendum – The legal process whereby the registered voters of LGUs
may approve, amend, or reject any ordinance enacted by the Sanggunian.
Autonomy – It is either the decentralization of administration or
decentralization of power. It delegated administrative powers to political
subdivisions in order to broaden the base of government power and in the
process to make local governments more responsive and accountable and
ensure their fullest development as self-reliant communities.
ü The President exercises general supervision only to ensure that local
affairs are administered according to law. He has no control over their
acts in the sense that he can substitute their judgments with his own.
Fiscal autonomy – Local governments have the power to create their own
source of revenue in addition to their equitable share in the national taxes
released by the national government, as well as the power to allocate their
resources in accordance with their own priorities.
SECTION 3. OPERATIVE PRINCIPLES OF
DECENTRALIZATION
The formulation and implementation of policies and measures on local
autonomy shall be guided by the following operative principles:
(a) There shall be an effective allocation among the different local
government units of their respective powers, functions, responsibilities, and
resources;
(b) There shall be established in every local government unit an
accountable, efficient, and dynamic organizational structure and operating
mechanism that will meet the priority needs and service requirements of its
communities;
(c) Subject to civil service law, rules and regulations, local officials and
employees paid wholly or mainly from local funds shall be appointed or
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
removed, according to merit and fitness, by the appropriate appointing
authority;
(d) The vesting of duty, responsibility, and accountability in local government
units shall be accompanied with provision for reasonably adequate
resources to discharge their powers and effectively carry out their functions;
hence, they shall have the power to create and broaden their own sources of
revenue and the right to a just share in national taxes and an equitable share
in the proceeds of the utilization and development of the national wealth
within their respective areas;
(e) Provinces with respect to component cities and municipalities, and cities
and municipalities with respect to component barangays, shall ensure that
the acts of their component units are within the scope of their prescribed
powers and functions;
(f) Local government units may group themselves, consolidate or coordinate
their efforts, services, and resources for purposes commonly beneficial to
them;
(g) The capabilities of local government units, especially the municipalities
and barangays, shall be enhanced by providing them with opportunities to
participate actively in the implementation of national programs and projects;
(h) There shall be a continuing mechanism to enhance local autonomy not
only by legislative enabling acts but also by administrative and organizational
reforms;
(i) Local government units shall share with the national government the
responsibility in the management and maintenance of ecological balance
within their territorial jurisdiction, subject to the provisions of this Code and
national policies;
(j) Effective mechanisms for ensuring the accountability of local government
units to their respective constituents shall be strengthened in order to
upgrade continually the quality of local leadership;
2

(k) The realization of local autonomy shall be facilitated through improved
coordination of national government policies and programs and extension of
adequate technical and material assistance to less developed and deserving
local government units;
(l) The participation of the private sector in local governance, particularly in
the delivery of basic services, shall be encouraged to ensure the viability of
local autonomy as an alternative strategy for sustainable development; and
(m) The national government shall ensure that decentralization contributes to
the continuing improvement of the performance of local government units
and the quality of community life.
General rule: The local chief executive has the power to appoint all officials
and employees of the LGU: (1) whose salaries and wages are wholly or
mainly paid out of the funds of his LGU and are not otherwise provided for in
this Code; and (2) those he may be authorized by law to appoint.
Exception: The municipal, city, and provincial treasurers are appointed by
the Secretary of Finance from a list of at least 3 ranking and eligible
recommendees of the governor or mayor, as the case may be.
What if in the case of barangays?
The punong barangay must
secure the approval of the The punong barangay shall
appoint or replace any
majority of all the members of appointive barangay official
the sangguniang barangay
ü These appointments are subject to the civil service law, rules and
regulations.
General rule: Appointments shall only be made according to merit and
fitness to be determined by competitive examination.
Exceptions: Policy-determining, primarily confidential, and highly technical
positions.
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
Policy-determining position – The public officer is vested with the power of
formulating policies for the government or any of its agencies, subdivisions,
or instrumentalities.
Primarily confidential position – Its occupant enjoys more than the
ordinary confidence in his aptitude of the appointing power but bears
primarily such close intimacy which insures freedom of intercourse without
embarrassment or freedom from misgiving of betrayal of personal trust on
confidential matters of the State.
Highly technical position – Its occupant is required to possess skills or
training in the supreme or superior degree.
ü The major determinant is the nature of the functions attached to the
position.
What is the extent of the power of the Civil Service Commission as to
appointments?
- It is not empowered to determine or change the kind or nature of the
appointment, for it is a discretionary power which must be performed by the
officer on whom it is vested.
- It also cannot reinstate public officers or employees as it would substitute
its own judgment for that of the appointing power.
- It is limited to the approving or disapproving an appointment.
- It does not have the authority to direct that an appointment of a specific
individual be made.
How can a local official or employee be removed?
General rule: The power to remove resides in the same public officer where
the power to appoint is vested.
Exceptions:
(1) If it is otherwise provided by law the local chief executive may impose
the penalty for subordinate officials and employees under his
jurisdiction.
(2) The Ombudsman and Civil Service Commission has the power to
impose preventive suspensions in proper instances. The CSC has the
jurisdiction to impose administrative penalties after notice and hearing.
3

(3) Confidential positions continues as long as confidence in them endures.
National wealth – Natural resources found within the territory of the LGU.
Proceeds – Gross revenue derived by the national government through the
direct commercial utilization and development of natural resources within the
territory of the LGU.
SECTION 4. SCOPE OF APPLICATION
This Code shall apply to all provinces, cities, municipalities, barangays, and
other political subdivisions as may be created by law, and, to the extent
herein provided, to officials, offices, or agencies of the national government.
This Code shall apply to?
- All provinces, cities, municipalities, barangays, and other political
subdivisions.
When is the creation of an autonomous region effective?
- Upon the approval by the majority of the votes cast by the constituent units
in a plebiscite called for the purpose.
- The creation of the autonomous region is made to depend, not on the total
majority vote in the plebiscite, but on the will of the majority in each of the
constituent units.
Is this code applicable to administrative regions?
No. Administrative regions are not territorial and political subdivisions like
LGUs. While the power to merge administrative regions is not expressly
provided for in the Constitution, it is a power that has been traditionally
lodged with the President to facilitate the exercise of the power of general
supervision.
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
SECTION 5. RULES OF INTERPRETATION
In the interpretation of the provisions of this Code, the following rules shall
apply:
(a) Any provision on a power of a local government unit shall be liberally
interpreted in its favor, and in case of doubt, any question thereon shall be
resolved in favor of devolution of powers and of the lower local government
unit. Any fair and reasonable doubt as to the existence of the power shall be
interpreted in favor of the local government unit concerned;
(b) In case of doubt, any tax ordinance or revenue measure shall be
construed strictly against the local government unit enacting it, and liberally
in favor of the taxpayer. Any tax exemption, incentive or relief granted by any
local government unit pursuant to the provisions of this Code shall be
construed strictly against the person claiming it.
(c) The general welfare provisions in this Code shall be liberally interpreted
to give more powers to local government units in accelerating economic
development and upgrading the quality of life for the people in the
community;
(d) Rights and obligations existing on the date of effectivity of this Code and
arising out of contracts or any other source of prestation involving a local
government unit shall be governed by the original terms and conditions of
said contracts or the law in force at the time such rights were vested; and
(e) In the resolution of controversies arising under this Code where no legal
provision or jurisprudence applies, resort may be had to the customs and
traditions in the place where the controversies take place.
What is the effect of this provision?
- A legislative direction in a statute that it is to be liberally construed does not
warrant extending its scope beyond that expressly provided, or reasonably to
be implied, but merely calls for a broad interpretation to advance the policy
of the statute.
4

Liberal construction – Giving statutory language its generally accepted
meaning. It does not empower the court to read into a statute or something
that cannot be reasonably implied from the statute’s language.
Strict construction – A relative, and not a precise, term, which varies in
degree according to the character of the law construed. It is not an antithesis
or reverse of liberal construction.
Dillon rule – Without this provision, a municipal corporation possesses and
can exercise only the following powers in the absence of contrary legislative
intent.
(1) Those granted in express words;
(2) Those necessarily implied or necessarily incident to the powers
expressly granted;
(3) Those absolutely essential to the declared objects and purposes of the
corporation—not simply convenient, but indispensable;
(4) Any fair doubt as to the existence of a power is resolved by the courts
against the corporation—against the existence of power.
Customs – The juridical rule which results from a constant and continued
uniform practice by the members of a social community.
Requisites in order that custom may have the force of suppletory rule –
(1) Plurality of acts, or various resolutions of a juridical question raised
repeatedly in life;
(2) Uniformity, or identity of the acts or various solutions to the juridical
question;
(3) General practice by the great mass of the social group;
(4) Continued performance of these acts for a long period of time;
(5) General conviction that the practice corresponds to a juridical necessity
or that it is obligatory; and
(6) The practice must not be contrary to law, morals, or public order.
Traditions – An inherited or established way of thinking, feeling, or doing; a
cultural continuity embodied in a massive complex of evolving social
attitudes, beliefs, conventions, and institutions rooted in the experience of
the past and exerting an orienting and normative influence on the present.
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
SECTION 6. AUTHORITY TO CREATE LOCAL
GOVERNMENT UNITS
A local government unit may be created, divided, merged, abolished, or its
boundaries substantially altered either by law enacted by Congress in the
case of a province, city, municipality, or any other political subdivision, or by
ordinance passed by the sangguniang panlalawigan or sangguniang
panlungsod concerned in the case of a barangay located within its territorial
jurisdiction, subject to such limitations and requirements prescribed in this
Code.
What can happen to a LGU?
- It may be created, divided, merged, abolished, or its boundaries be altered.
Who/what can do that?
- By Congress in case of a province, city, municipality, or any political
subdivision.
- By an ordinance in case of a barangay.
ü The absence of the Local Government Code does not proscribe nor
prohibit the modification of territorial and political subdivisions before its
enactment.
ü The Constitution contains no requirement that the Code is a
precondition for the creation of a LGU.
ü The creation of a new LGU should be approved by the people
concerned in a plebiscite called for the purpose.
What is the nature of the authority?
- Essentially legislative.
- Delegation of this power to the President without sufficient standards is
unconstitutional.
De facto corporation – One so defectively created as not to be a de jure
corporation, but nevertheless the result of a bona fide attempt to incorporate
under existing statutory authority, coupled with the exercise of corporate
powers, and recognized by the courts as much on the ground of public policy
5
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

in all proceedings, except a direct attack by the State questioning its

SECTION 7. CREATION AND CONVERSION
corporate existence.

As a general rule, the creation of a local government unit or its conversion

ü A de facto corporation may have its existence inquired into and forfeited
from one level to another level shall be based on verifiable indicators of
by the State for failure to become a de jure corporation.
viability and projected capacity to provide services, to wit:
ü A de facto municipal corporation enjoys, at least for most purposes, the
status of a corporation de jure until the State question its existence.
(a) Income. - It must be sufficient, based on acceptable standards, to
provide for all essential government facilities and services and special
Requisites in order to be a de facto municipal corporation –
functions commensurate with the size of its population, as expected of the
(1) A charter or general law under which such corporation as it purports to
local government unit concerned;
be might lawfully be organized;
(2) An attempted compliance in good faith with the requirements of the
(b) Population. - It shall be determined as the total number of inhabitants
statute as to incorporation;
within the territorial jurisdiction of the local government unit concerned; and
(3) A colorable compliance with the statutory requirements; and
(4) An assumption of corporate powers.
(c) Land Area. - It must be contiguous, unless it comprises two or more
islands or is separated by a local government unit independent of the others;
ü A de facto municipal corporation will be recognized even if the statute
properly identified by metes and bounds with technical descriptions; and
creating it was invalid if there is some other valid law giving corporate
sufficient to provide for such basic services and facilities to meet the
vitality to the organization.
requirements of its populace. Compliance with the foregoing indicators shall
be attested to by the Department of Finance (DOF), the National Statistics
Who may question the existence?
Office (NSO), and the Lands Management Bureau(LMB) of the Department
A wholly valid municipal
An attack is unavailing. of Environment and Natural Resources(DENR).
corporation
A wholly invalid municipal Subject to direct attack either by the State or
ü Statutory provisions relating to the incorporation of municipalities are
corporation which is void private persons.
mandatory.
A de facto corporation that
Not subject to attack ordinarily, except by ü Failure to observe mandatory provisions of a fundamental and
is valid unless directly
direct proceedings through the State. jurisdictional nature will render the attempted incorporation void.
attacked by the State
ü Substantial compliance with prescribed conditions will be sufficient.
ü Internal revenue allotments are items of income under Section 450(c) of
Collateral attack – One whereby corporate existence is questioned in some the Code because they form part of the gross accretion of the funds of
incidental proceeding not provided by law for the express purpose of the LGU. These regularly and automatically accrue to the local treasury
attacking the corporate existence.
without need of further action by the LGU.
ü A municipal corporation cannot, without legal authorization, exercise its
powers beyond its own corporate limits.

Contiguous – The land within the territory must touch or adjoin one another
in a reasonably substantial physical sense.

6
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

ü Voters of sub-provinces shouldn’t be excluded from voting for provincial When can a municipal corporation become entitled to all its assets,
officials. It is only when the voters ratify the conversion of the sub- properties, and immunities?
province to a regular province that the President is empowered to - Once a municipal corporation is legislated out of existence and its territory
appoint the officials of the newly created province. permanently annexed to another corporation.

Sema vs. COMELEC – Law permitting the creation of a province or city by

SECTION 9. ABOLITION OF LOCAL
the ARMM is unconstitutional.
- Creation of a legislative district solely belongs to Congress. GOVERNMENT UNITS
- Creation is beyond the jurisdiction of the ARMM.
- A province cannot be created without a legislative district because it will A local government unit may be abolished when its income, population, or
violate Section 5(3), Article VI of the Constitution, as well as Section 3 of the land area has been irreversibly reduced to less than the minimum standards
Ordinance appended to the Constitution. prescribed for its creation under Book III of this Code, as certified by the
- To allow the ARMM Regional Assembly to create a national office is to national agencies mentioned in Section 17 hereof to Congress or to the
allow its legislative powers to operate outside the ARMM’s territorial sanggunian concerned, as the case may be.
jurisdiction.
The law or ordinance abolishing a local government unit shall specify the
SECTION 8. DIVISION AND MERGER province, city, municipality, or barangay with which the local government unit
sought to be abolished will be incorporated or merged.
Division and merger of existing local government units shall comply with the
When can a LGU be abolished?
same requirements herein prescribed for their creation: Provided, however,
- When its income, population, or land area has been irreversibly reduced to
That such division shall not reduce the income, population, or land area of
less than the minimum standards.
the local government unit or units concerned to less than the minimum
requirements prescribed in this Code: Provided, further, That the income
What is the effect of lack of residents within the LGU?
classification of the original local government unit or units shall not fall below
- The dissolution of a municipal corporation is regarded as in the nature of a
its current income classification prior to such division. The income
political or legislative act, which can be accomplished only by virtue of and in
classification of local government units shall be updated within six (6)
the manner prescribed in the law.
months from the effectivity of this Code to reflect the changes in their
financial position resulting from the increased revenues as provided herein.
Sarangani vs. COMELEC – The fact that no one resides within the locality
of the LGU does not ipso facto cause the abolition of a local government
What is the effect of a merger?
unit.
- Where two or more municipal corporations are consolidated under one
government, the old corporations become extinct in most instances.
- Where the whole territory of a municipal corporation has been annexed to SECTION 10. PLEBISCITE REQUIREMENT
another or others, the annexed municipal corporation becomes absorbed
and is destroyed. Unless, by terms of the applicable laws some or all of its No creation, division, merger, abolition, or substantial alteration of
functions or offices are preserved and continued. boundaries of local government units shall take effect unless approved by a

7

majority of the votes cast in a plebiscite called for the purpose in the political
unit or units directly affected. Said plebiscite shall be conducted by the
Commission on Elections (Comelec) within one hundred twenty (120) days
from the date of effectivity of the law or ordinance effecting such action,
unless said law or ordinance fixes another date.
Reason for plebiscite requirement
- Enable the registered voters of a locality affected by the creation, division,
merger, abolition, or alteration of the boundaries of a LGU to check the
power of Congress or of the LGU concerned to carry out such actions.
Political Unit Affected – The residents of the political entity that would be
economically dislocated by the separation of a portion thereof.
Padilla vs. COMELEC – When the law states that the plebiscite shall be
conducted "in the political units directly affected," it means that residents of
the political entity who would be economically dislocated by the separation
have a right to vote in said plebiscite.
ü Conversions should be submitted to its people for a proper plebiscite.
ü This is due to material changes that will occur as to the political and
economic rights of the LGUs and the people therein.
ü The requirement of a plebiscite in a merger expressly applies only to
provinces, municipalities, or barangays.
Legislative district – A political unit because it is the basis for the election
of a member of the House of Representatives and members of the local
legislative body.
Political subdivision – Where the functions of the government are carried
out. It can be more appropriately be described as a representative unit that
may or may not encompass the whole of a city or a province, but unlike the
latter, it is not a corporate unit.
District – Does not have its own chief executive. The role of the
congressman that it elects is to ensure that the voice of the people in the
district is heard in Congress, and not to oversee the affairs of the legislative
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
district. It has no legal personality that must be created or dissolved and has
no capacity to act.
ü LGUs are political and corporate units. They are territorial and political
subdivisions of the State. They possess legal personality on the
authority of the Constitution and by action of the Legislature.
ü A LGU’s corporate existence begins upon the election and qualification
of its chief executive and a majority of the members of its Sanggunian.
Local Government Unit
As a political An instrumentality of the State in carrying out the
subdivision functions of the Government.
It has a distinct and separate juridical personality from the
State, it exercises special functions for the sole benefit of
As a corporate its constituents, and it acts as an agency of the
entity community in the administration of local affairs and
mediums through which the people act in their corporate
capacity on local concerns.
Who has jurisdiction over plebiscite protests?
- COMELEC. The purpose of this determination is more to protect the
sovereignty of the people and less to vindicate the private interest of any
individual.
SECTION 11. SELECTION AND TRANSFER
OF LOCAL GOVERNMENT SITE, OFFICES
AND FACILITIES
(a) The law or ordinance creating or merging local government units shall
specify the seat of government from where governmental and corporate
services shall be delivered. In selecting said site, factors relating to
geographical centrality, accessibility, availability of transportation and
communication facilities, drainage and sanitation, development and
economic progress, and other relevant considerations shall be taken into
account.
8

(b) When conditions and developments in the local government unit
concerned have significantly changed subsequent to the establishment of
the seat of government, its sanggunian may, after public hearing and by a
vote of two-thirds (2/3) of all its members, transfer the same to a site better
suited to its needs. Provided, however, That no such transfer shall be made
outside the territorial boundaries of the local government unit concerned.
The old site, together with the improvements thereon, may be disposed of by
sale or lease or converted to such other use as the sanggunian concerned
may deem beneficial to the local government unit concerned and its
inhabitants.
(c) Local government offices and facilities shall not be transferred, relocated,
or converted to other uses unless public hearings are first conducted for the
purpose and the concurrence of the majority of all the members of the
sanggunian concerned is obtained.
What is the effect of failure to specify seat of government?
- It is not fatal to the validity of the law since the LGU can establish one after
its creation.
SECTION 12. GOVERNMENT CENTERS
Provinces, cities, and municipalities shall endeavor to establish a
government center where offices, agencies, or branches of the national
government , local government units, or government-owned or -controlled
corporations may, as far as practicable, be located. In designating such a
center, the local government unit concerned shall take into account the
existing facilities of national and local agencies and offices which may serve
as the government center as contemplated under this Section. The national
government, local government unit or government-owned or -controlled
corporation concerned shall bear the expenses for the construction of its
buildings and facilities in the government center.
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
SECTION 13. NAMING OF LOCAL
GOVERNMENT UNITS AND PUBLIC PLACES,
STREETS AND STRUCTURES
(a) The sangguniang panlalawigan may, in consultation with the Philippine
Historical Commission (PHC), change the name of the following within its
territorial jurisdiction:
(1) Component cities and municipalities, upon the recommendation of the
sanggunian concerned;
(2) Provincial roads, avenues, boulevards, thorough-fares, and bridges;
(3) Public vocational or technical schools and other post-secondary and
tertiary schools;
(4) Provincial hospitals, health centers, and other health facilities; and
(5) Any other public place or building owned by the provincial
government.
(b) The sanggunian of highly urbanized cities and of component cities whose
charters prohibit their voters from voting for provincial elective officials,
hereinafter referred to in this Code as independent component cities, may, in
consultation with the Philippine Historical Commission, change the name of
the following within its territorial jurisdiction:
(1) City barangays, upon the recommendation of the sangguniang
barangay concerned;
(2) City roads, avenues, boulevards, thoroughfares, and bridges;
(3) Public elementary, secondary and vocational or technical schools,
community colleges and non-chartered colleges;
(4) City hospitals, health centers and other health facilities; and
(5) Any other public place or building owned by the city government.
(c) The sanggunians of component cities and municipalities may, in
consultation with the Philippine Historical Commission, change the name of
the following within its territorial jurisdiction:
(1) City and municipal barangays, upon recommendation of the
sangguniang barangay concerned;
9

(2) City, municipal and barangay roads, avenues, boulevards,
thoroughfares, and bridges;
(3) City and municipal public elementary, secondary and vocational or
technical schools, post-secondary and other tertiary schools;
(4) City and municipal hospitals, health centers and other health facilities;
and (5)Any other public place or building owned by the municipal
government.
(d) None of the foregoing local government units, institutions, places, or
buildings shall be named after a living person, nor may a change of name be
made unless for a justifiable reason and, in any case, not oftener than once
every ten (10) years. The name of a local government unit or a public place,
street or structure with historical, cultural, or ethnic significance shall not be
changed, unless by a unanimous vote of the sanggunian concerned and in
consultation with the PHC.
(e) A change of name of a public school shall be made only upon the
recommendation of the local school board concerned.
(f) A change of name of public hospitals, health centers, and other health
facilities shall be made only upon the recommendation of the local health
board concerned.
(g) The change of name of any local government unit shall be effective only
upon ratification in a plebiscite conducted for the purpose in the political unit
directly affected. In any change of name, the Office of the President, the
representative of the legislative district concerned, and the Bureau of Posts
shall be notified.
Reason for devolution of power?
- To relieve LGUs of the time consuming chore of having to pass laws to
name LGUs and facilities.
What is the effect of the change of name?
- It will not dissolve nor destroy the identity of the municipal corporation, nor
affect its rights, privileges, or liabilities.
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
What is prohibited?
General rule: The use of the names of living persons.
Exceptions:
(1) If there is justifiable reason; or
(2) The use of the name of a family in a particular community whose
members significantly contributed to the welfare of the Filipinos.
SECTION 14. BEGINNING OF CORPORATE
EXISTENCE
When a new local government unit is created, its corporate existence shall
commence upon the election and qualification of its chief executive and a
majority of the members of its sanggunian, unless some other time is fixed
therefor by the law or ordinance creating it.
When does the corporate existence of LGUs start?
General rule: Upon the election and qualification of its chief executive and a
majority of the members of its chief executive and a majority of the members
of the sanggunian.
Exception: When statute or ordinance creating the LGU states otherwise.
SECTION 15. POLITICAL AND CORPORATE
NATURE OF LOCAL GOVERNMENT UNITS
Every local government unit created or recognized under this Code is a body
politic and corporate endowed with powers to be exercised by it in conformity
with law. As such, it shall exercise powers as a political subdivision of the
national government and as a corporate entity representing the inhabitants
of its territory.
LGUs perform twin functions:
(1) They serve as instrumentalities of the State in carrying out functions of
the Government; and
(2) They act as an agency of the community in the administration of local
affairs.
10
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

Two-fold character of LGUs:

SECTION 16. GENERAL WELFARE
(1) Government or political
(2) Corporate, private, or proprietary
Every local government unit shall exercise the powers expressly granted,
those necessarily implied therefrom, as well as powers necessary,
Governmental powers – Those exercises in administering powers of the
appropriate, or incidental for its efficient and effective governance, and those
State and promoting public welfare. They include legislative, judicial, public
which are essential to the promotion of the general welfare. Within their
and political powers.
respective territorial jurisdictions, local government units shall ensure and
support, among other things, the preservation and enrichment of culture,
Corporate powers – Exercised for the special benefit and advantage of the
promote health and safety, enhance the right of the people to a balanced
community.
ecology, encourage and support the development of appropriate and self-
reliant scientific and technological capabilities, improve public morals,
Division of the properties of LGUs:
enhance economic prosperity and social justice, promote full employment
- Public use; and
among their residents, maintain peace and order, and preserve the comfort
- Patrimonial property
and convenience of their inhabitants.
ü LGUs have no authority whatsoever to control or regulate the use of
ü Before a municipal corporation may exercise such power, there must be
public properties unless specific authority is vested upon them by
a valid delegation of power by the legislature which may be through
Congress.
express delegation or inferred by the mere fact of creation of the
municipal corporation.
Tatel vs. Municipality of Virac - It is settled in law that municipal
corporations are agencies of the State for the promotion and maintenance of
General welfare clause – Delegates police power to local government units
local self-government and as such, are endowed with police powers in order
in statutory form. The clause has two branches:
to effectively accomplish and carry out the declared objects of their creation.
(1) One branch attaches itself to the main trunk of municipal authority
Added to that, for an ordinance to be valid, it must not only be within the
and related to such ordinances and regulations as may be
corporate powers of the municipality to enact but must also be passed
necessary to carry into effect and discharge the powers and duties
according to the procedure prescribed by law.
conferred upon the municipal council by law;
(2) The second branch is much more independent of the specific
Also, it must be in consonance with certain well established and basic
functions of the council enumerated by law. It authorizes the
principles of a substantive nature. These principles require that a municipal
enactment of ordinances necessary and proper to provide for the
ordinance:
health and safety, promote the prosperity, improve the morals,
(1) Must not contravene the Constitution or any statue;
peace, good order, comfort, and convenience of the municipality
(2) Must not be unfair or oppressive;
and the inhabitants thereof, and for the protection of property
(3) Must not be partial or discriminatory;
therein.
(4) Must not prohibit but may regulate trade;
(5) Must be general and consistent with public policy; and
ü By its nature, police power is free from any liability for compensation for
(6) Must not be unreasonable.
resulting private losses.

11

Damnum absque injuria – Damages in such cases. The law presumes that
the party damnified is compensated by sharing in advantages arising from
such beneficial regulation.
ü To invoke the exercise of police power, not only must it appear that the
interest of the public generally requires an interference with private
rights, but the means adopted must be reasonably necessary for the
accomplishment of the purpose and not unduly oppressive upon
individuals.
ü The determination as to what is a proper exercise of the police power of
a municipal corporation is not final or conclusive, but is subject to the
supervision of the courts.
Valid exercises of police power
(1) An ordinance declaring a warehouse as a public nuisance;
(2) Enactment of a zoning ordinance; and
(3) The reservation of land for street widening and parking lots.
ü The general welfare clause does not extend to grant CATV franchises.
ü It is appropriate to stress that where the state legislature has made
provision for the regulation of conduct, it has manifested its intention
that the subject matter shall be fully covered by the statute, and that a
municipality, under its general powers, cannot regulate the same
conduct.
ü Municipal ordinances are inferior in status and subordinate to the laws
of the State.
ü An ordinance in conflict with a state law of general character and
statewide application is universally held to be invalid.
ü Municipal authorities under a general grant of power cannot adopt
ordinances which infringe the spirit of a state law or repugnant to the
general policy of the State.
ü In every power to pass ordinances given to a municipality, there is an
implied restriction that the ordinances shall be consistent with general
law.
Deregulation – The reduction of government regulation of business to
permit freer markets and competition.
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
ü As a body politic endowed with governmental functions, a LGU has the
duty to ensure the quality of the environment.
ü No person, partnership, or corporation shall undertake or operate any
such declared environmentally critical project or area without first
securing an Environmental Compliance Certificate issued by the
President or his duly authorized representative.
Person – Under the Civil Code it is one which is either natural or juridical.
SECTION 17. BASIC SERVICES AND
FACILITIES
(a) Local government units shall endeavor to be self-reliant and shall
continue exercising the powers and discharging the duties and functions
currently vested upon them. They shall also discharge the functions and
responsibilities of national agencies and offices devolved to them pursuant to
this Code. Local government units shall likewise exercise such other powers
and discharge such other functions and responsibilities as are necessary,
appropriate, or incidental to efficient and effective provision of the basic
services and facilities enumerated herein.
(b) Such basic services and facilities include, but are not limited to, the
following:
(1) For a Barangay:
(i) Agricultural support services which include planting materials
distribution system and operation of farm produce collection
and buying stations;
(ii) Health and social welfare services which include maintenance
of barangay health center and day-care center;
(iii) Services and facilities related to general hygiene and
sanitation, beautification, and solid waste collection;
(iv) Maintenance of katarungang pambarangay;
(v) Maintenance of barangay roads and bridges and water supply
systems
12

(vi) Infrastructure facilities such as multi- purpose hall,
multipurpose pavement, plaza, sports center, and other similar
facilities;
(vii) Information and reading center; and
(viii) Satellite or public market, where viable;
(2) For a municipality:
(i) Extension and on-site research services and facilities related to
agriculture and fishery activities which include dispersal of
livestock and poultry, fingerlings, and other seeding materials
for aquaculture; palay, corn, and vegetable seed farms;
medicinal plant gardens; fruit tree, coconut, and other kinds of
seedling nurseries; demonstration farms; quality control of
copra and improvement and development of local distribution
channels, preferably through cooperatives; inter-barangay
irrigation system; water and soil resource utilization and
conservation projects; and enforcement of fishery laws in
municipal waters including the conservation of mangroves;
(ii) Pursuant to national policies and subject to supervision, control
and review of the DENR, implementation of community-based
forestry projects which include integrated social forestry
programs and similar projects; management and control of
communal forests with an area not exceeding fifty (50) square
kilometers; establishment of tree parks, greenbelts, and similar
forest development projects;
(iii) Subject to the provisions of Title Five, Book I of this Code,
health services which include the implementation of programs
and projects on primary health care, maternal and child care,
and communicable and non-communicable disease control
services; access to secondary and tertiary health services;
purchase of medicines, medical supplies, and equipment
needed to carry out the services herein enumerated;
(iv) Social welfare services which include programs and projects
on child and youth welfare, family and community welfare,
women's welfare, welfare of the elderly and disabled persons;
community-based rehabilitation programs for vagrants,
beggars, street children, scavengers, juvenile delinquents, and
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
victims of drug abuse; livelihood and other pro-poor
projects; nutrition services; and family planning services;
(v) Information services which include investments and job
placement information systems, tax and marketing information
systems, and maintenance of a public library;
(vi) Solid waste disposal system or environmental management
system and services or facilities related to general hygiene and
sanitation;
(vii) Municipal buildings, cultural centers, public parks including
freedom parks, playgrounds, and sports facilities and
equipment, and other similar facilities;
(viii) Infrastructure facilities intended primarily to service the needs
of the residents of the municipality and which are funded out of
municipal funds including, but not limited to, municipal roads
and bridges; school buildings and other facilities for public
elementary and secondary schools; clinics, health centers and
other health facilities necessary to carry out health services;
communal irrigation, small water impounding projects and
other similar projects; fish ports; artesian wells, spring
development, rainwater collectors and water supply systems;
seawalls, dikes, drainage and sewerage, and flood control;
traffic signals and road signs; and similar facilities;
(ix) Public markets, slaughterhouses and other municipal
enterprises;
(x) Public cemetery;
(xi) Tourism facilities and other tourist attractions, including the
acquisition of equipment, regulation and supervision of
business concessions, and security services for such facilities;
and
(xii) Sites for police and fire stations and substations and the
municipal jail;
(3) For a Province:
(i) Agricultural extension and on-site research services and
facilities which include the prevention and control of plant and
animal pests and diseases; dairy farms, livestock markets,
animal breeding stations, and artificial insemination centers;
13

and assistance in the organization of farmers' and fishermen's
cooperatives and other collective organizations, as well as the
transfer of appropriate technology;
(ii) Industrial research and development services, as well as the
transfer of appropriate technology;
(iii) Pursuant to national policies and subject to supervision, control
and review of the DENR, enforcement of forestry laws limited
to community-based forestry projects, pollution control law,
small-scale mining law, and other laws on the protection of the
environment; and mini-hydroelectric projects for local
purposes;
(iv) Subject to the provisions of Title Five, Book I of this Code,
health services which include hospitals and other tertiary health
services;
(v) Social welfare services which include programs and projects
on rebel returnees and evacuees; relief operations; and,
population development services;
(vi) Provincial buildings, provincial jails, freedom parks and other
public assembly areas, and other similar facilities;
(vii) Infrastructure facilities intended to service the needs of the
residents of the province and which are funded out of provincial
funds including, but not limited to, provincial roads and bridges;
inter-municipal waterworks, drainage and sewerage, flood
control, and irrigation systems; reclamation projects; and
similar facilities;
(viii) Programs and projects for low-cost housing and other mass
dwellings, except those funded by the Social Security System
(SSS), Government Service Insurance System (GSIS), and the
Home Development Mutual Fund (HDMF): Provided, That
national funds for these programs and projects shall be
equitably allocated among the regions in proportion to the ratio
of the homeless to the population;
(ix) Investment support services, including access to credit
financing;
(x) Upgrading and modernization of tax information and collection
services through the use of computer hardware and software
and other means;
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
(xi) Inter-municipal telecommunications services, subject to
national policy guidelines; and
(xii) Tourism development and promotion programs;
(4) For a City:
All the services and facilities of the municipality and province, and in addition
thereto, the following:
(i) Adequate communication and transportation facilities;
(ii) Support for education, police and fire services and facilities.
(c) Notwithstanding the provisions of subsection (b) hereof, public works and
infrastructure projects and other facilities funded by the national government
under the annual General Appropriations Act, other special laws, pertinent
executive orders, and those wholly or partially funded from foreign sources,
are not covered under this Section, except in those cases where the local
government unit concerned is duly designated as the implementing agency
for such projects, facilities, programs, and services.
(d) The designs, plans, specifications, testing of materials, and the
procurement of equipment and materials from both foreign and local
sources necessary for the provision of the foregoing services and facilities
shall be undertaken by the local government unit concerned, based on
national policies, standards and guidelines.
(e) National agencies or offices concerned shall devolve to local government
units the responsibility for the provision of basic services and facilities
enumerated in this Section within six (6) months after the effectivity of this
Code.
As used in this Code, the term "devolution" refers to the act by which the
national government confers power and authority upon the various local
government units to perform specific functions and responsibilities.
(f) The national government or the next higher level of local government unit
may provide or augment the basic services and facilities assigned to a lower
level of local government unit when such services or facilities are not made
14

available or, if made available, are inadequate to meet the requirements of
its inhabitants.
(g) The basic services and facilities hereinabove enumerated shall be funded
from the share of local government units in the proceeds of national
taxes and other local revenues and funding support from the national
government, its instrumentalities and government-owned or -controlled
corporations which are tasked by law to establish and maintain
such services or facilities. Any fund or resource available for the use of local
government units shall be first allocated for the provision of basic services or
facilities enumerated in subsection (b) hereof before applying the same for
other purposes, unless otherwise provided in this Code.
(h) The Regional offices of national agencies or offices whose functions are
devolved to local government units as provided herein shall be phased out
within one (1) year from the approval of this Code. Said national agencies
and offices may establish such field units as may be necessary for
monitoring purposes and providing technical assistance to local government
units. The properties, equipment, and other assets of these regional offices
shall be distributed to the local government units in the region in accordance
with the rules and regulations issued by the oversight committee created
under this Code.
(i) The devolution contemplated in this Code shall include the transfer to
local government units of the records, equipment, and other assets and
personnel of national agencies and offices corresponding to the devolved
powers, functions, and responsibilities.
Personnel of said national agencies or offices shall be absorbed by the local
government units to which they belong or in whose areas they are assigned
to the extent that it is administratively viable as determined by the said
oversight committee: Provided, That the rights accorded to such personnel
pursuant to civil service law, rules and regulations shall not be impaired:
Provided, Further, That regional directors who are career executive service
officers and other officers of similar rank in the said regional offices who
cannot be absorbed by the local government unit shall be retained by the
national government, without any diminution of rank, salary or tenure.
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
(j) To ensure the active participation of the private sector in local
governance, local government units may, by ordinance, sell, lease,
encumber, or otherwise dispose of public economic enterprises owned by
them in their proprietary capacity.
Costs may also be charged for the delivery of basic services or facilities
enumerated in this Section.
ü Senator Pimentel describes this provision as the “core of devolution of
central government powers to LGUs.”
ü Certain powers previously exercised only by the central government are
now devolved to LGUs.
Exception – Section 17(c) and basic services funded under the GAA
- Unless an LGU is particularly designated as the implementing agency, it
has no power over a program for which funding has been provided by the
national government under the annual general appropriations act (GAA),
even if the program involves the delivery of basic services within the
jurisdiction of the LGU.
- The concept of local autonomy does not imply the conversion of LGUs into
mini states.
- The national government is, thus, not precluded from taking a direct hand
in the formulation and implementation of national development programs
especially where it is implemented locally in coordination with the LGUs
concerned.
Exception – Section 17(c) and public works and infrastructure projects
- Funded by the national government under the annual GAA
- Those wholly or partially funded from foreign sources are not covered by
this provision
- The exception to this rule is where the LGU concerned is duly designated
as the implementing agency for such projects, facilities, programs, and
services.
Exception – Small-scale Mining Act of 1991
- The enforcement is subject to the supervision, control, and review of the
DENR.
15

When can the national government or next higher LGU may provide or
augment basic services?
(a) When such services are not made available; or
(b) If made available, are inadequate to meet the requirements of its
inhabitants.
Municipal waters – Includes not only streams, lakes, and tidal waters within
the municipality, but also forest, timber lands, forest reserves, or fishery
reserves, but also marine waters.
ü Where two municipalities are so situated on the opposite shores that
there is less than 15km of marine waters between them, the third line
shall be equally distant from opposite shores of their respective
municipalities.
Health care
Preventive medicine. An example would be
Primary health care
vaccination.
Treatment of diseases and access thereto
includes making doctors available for the
Secondary health care
treatment of diseases and providing medicines
for indigent patients.
Hospitalization and providing access thereto
means making it possible for people to be
Tertiary health care hospitalized as the need arises but does not
mandate the construction and operation of a
hospital.
Appropriate technology – Technology that makes the most economical
use of a country’s natural resources and its relative proportions of capital,
labor, and skills, and that furthers national and social goals.
What is the effect of code on registration of motor vehicles?
- Municipal corporations indubitably now have the power to:
(1) Regulate the operation of tricycles-for-hire; and
(2) Grant franchises for the operation thereof.
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
- Not the functions of the LTO relative to the registration of motor vehicles
and issuance of licenses for the driving thereof.
SECTION 18. POWER TO GENERATE AND
APPLY RESOURCES
Local government units shall have the power and authority to establish an
organization that shall be responsible for the efficient and effective
implementation of their development plans, program objectives and
priorities; to create their own sources of revenue and to levy taxes, fees,
and charges which shall accrue exclusively for their use and disposition and
which shall be retained by them; to have a just share in national taxes which
shall be automatically and directly released to them without need of any
further action; to have an equitable share in the proceeds from the utilization
and development of the national wealth and resources within their respective
territorial jurisdictions including sharing the same with the inhabitants by way
of direct benefits; to acquire, develop, lease, encumber, alienate, or
otherwise dispose of real or personal property held by them in their
proprietary capacity and to apply their resources and assets for productive,
developmental, or welfare purposes, in the exercise or furtherance of their
governmental or proprietary powers and functions and thereby ensure their
development into self-reliant communities and active participants in the
attainment of national goals.
National taxes – Taxes imposed under the National Internal Revenue Code.
National wealth – Natural resources found within the territory of the LGU.
Proceeds – The gross revenue derived by the national government through
the direct commercial utilization and development of natural resources within
the territory of the LGU by GOCCs or through taxation of private enterprises.
16

SECTION 19. EMINENT DOMAIN
A local government unit may, through its chief executive and acting pursuant
to an ordinance, exercise the power of eminent domain for public use, or
purpose, or welfare for the benefit of the poor and the landless, upon
payment of just compensation, pursuant to the provisions of the Constitution
and pertinent laws: Provided, however, That the power of eminent domain
may not be exercised unless a valid and definite offer has been previously
made to the owner, and such offer was not accepted: Provided, further, That
the local government unit may immediately take possession of the property
upon the filing of the expropriation proceedings and upon making a deposit
with the proper court of at least fifteen percent (15%) of the fair market value
of the property based on the current tax declaration of the property to be
expropriated: Provided, finally, That, the amount to be paid for the
expropriated property shall be determined by the proper court, based on the
fair market value at the time of the taking of the property.
Eminent domain – The power to take private property for public use by the
State, municipalities, and private persons or corporations authorized to
exercise functions of public character.
What is the power of eminent domain?
- It is legislative in nature and such power may be validly delegated to LGUs.
Requirements before exercising the power of eminent domain –
(1) Enactment of an ordinance by the local legislative council authorizing
the local chief executive to exercise the power of eminent domain;
(2) Power must be exercised for public use, purpose, or welfare;
(3) Payment of just compensation; and
(4) Valid and definite offer made to the owner and offer was not accepted.
ü Expropriation cannot be made pursuant to a resolution as municipal
ordinance is different from a resolution.
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
Ordinance Resolution
Merely a declaration of the sentiment
Possess a general and permanent or opinion of a lawmaking body on a
character specific matter and temporary in
nature
Public use – Public advantage, convenience, or benefit, which tends to
contribute to the general welfare and the prosperity of the whole community.
ü The right to exercise eminent domain is a genuine necessity and that
necessity must be of public character.
ü The ascertainment of the necessity must precede or accompany and not
follow the taking of the land.
ü The necessity must be:
• Reasonable;
• Of greatest benefit; and
• Least inconvenient
Just compensation – The market value which should be paid or that sum of
money which a person, desirous but not compelled to buy, and an owner,
willing but not compelled to sell, would agree on as a price to be given and
received.
• The court should first ascertain the market value of the property, to
which should be added the consequential damages after deducting
therefrom the consequential benefits which may arise from the
expropriation.
• If the consequential benefits exceed the consequential damages,
these items should be disregarded altogether as the basic value of
the property should be paid in every case.
Taking – Is when the owner is actually deprived or dispossessed of his
property; when there is a practical destruction or a material impairment of the
value of his property or when he is deprived of the ordinary use thereof.
Offer – A unilateral proposition which one party makes to the other for the
celebration of a contract. It creates a power of acceptance permitting the
17

offeree, by accepting the offer, to transform the offeror’s promise into a
contractual obligation.
ü Private property forbidden to be taken or damaged by the constitution
for the public use without just compensation is not limited to the tangible
subject matter or corpus of the property, but includes the right of user
and enjoyment of it, so that when such rights are destroyed or taken for
public use, the owner is still entitled to compensation.
ü A municipal corporation cannot condemn lands outside its own
corporate limits. Private property already devoted to public use by
Congress cannot be expropriated by a municipal corporation.
ü No approval required from the Department of Agrarian Reform prior to
expropriation.
Priorities in the acquisition of land
(1) Those owned by the Government or any of its subdivisions,
instrumentalities, or agencies, including GOCCs and their subsidiaries;
(2) Alienable lands of the public domain;
(3) Unregistered or abandoned and idle lands;
(4) Those within the declared areas of priority development, zonal
improvement sites, and slum improvement and resettlement program
sites which have not yet been acquired;
(5) Bagong lipunan improvement sites and services; and
(6) Privately owned lands.
ü Expropriation proceedings are to be resorted to only after the other
modes of acquisition have been exhausted.
ü Compliance is mandatory because these are the only safeguards of
helpless owners against the violation of due process when their property
is forcibly taken from them for public use.
ü Failure to comply results in dismissal of the complaint for expropriation.
Requirements for the buy and contract of sale –
(1) The offer to buy must be in writing and shall specify the property sought
to be acquired, the reasons for its acquisition, and the price offered;
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
(2) If the owner or owners are willing to sell at a price higher than what is
offered, the local chief executive shall call them to a conference for the
purpose of reaching an agreement on the selling price.
ü These requirements are strict limitations on the LGU’s exercise of the
power of eminent domain.
ü The burden is on the LGU to prove that it satisfied the requirements
mentioned or that they do not apply in the particular case.
Which court has proper jurisdiction?
- RTC because it is a civil action incapable of pecuniary estimation.
ü Eminent domain is not diminished by the mere fact that a prior final
judgment over the property to be expropriated has become the law of
the case as to the parties.
ü The State or its authorized agent may still subsequently exercise its
right to expropriate the same property, once all legal requirements are
complied with.
ü Once the State decides to exercise its power of eminent domain, the
power of judicial review becomes limited in scope, and the courts will be
left to determine the appropriate amount of just compensation to be paid
to the affected landowners.
ü Only when the landowners are not given their just compensation for the
taking of their property or when there has been no agreement on the
amount of just compensation may the remedy of prohibition become
available.
Masikip vs. City of Pasig – Requisites of eminent domain:
(1) Power of eminent domain may not be exercised unless a valid and
definite offer has been previously made to the owner and such offer
was not accepted;
(2) LGU may immediately take possession of the property upon the
filing of expropriation proceedings and upon making a deposit with
the proper court of at least 15% fair market value of the property
based on the current tax declaration; and
18
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

(3) Amount to be paid for expropriated property shall be determined by human settlements, and industrial expansion shall be taken into
the proper court, based on the fair market value at the time of the consideration in the preparation of such plans.
taking of the property.
(d) Where the approval by a national agency is required for reclassification,
such approval shall not be unreasonably withheld. Failure to act on a proper
SECTION 20. RECLASSIFICATION OF LANDS
and complete application for reclassification within 3 months from receipt of
the same shall be deemed as approval thereof.
(a) A city or municipality may, through an ordinance passed by the
sanggunian after conducting public hearings for the purpose, authorize the
(e) Nothing in this section shall be construed as repealing, amending, or
reclassification of agricultural lands and provide for the manner of their
modifying in any manner the provisions of R.A. No. 6657.
utilization or disposition in the following cases:
(1) When the land ceases to be economically feasible and sound for
A city municipality may:
agricultural purposes as determined by the Department of Agriculture;
• Authorize the reclassification of agricultural lands; and
or
• Provide the manner of their utilization or disposition in the following:
(2) Where the land shall have substantially greater economic value for
o When land ceases to be economically feasible and sound for
residential, commercial, or industrial purposes, as determined by the
agricultural purposes as determined by the Department of
sanggunian concerned: Provided, that such reclassification shall be
Agriculture; or
limited to the following percentage of the total agricultural land area at
o Where the land shall have substantially greater economic value for
the time of the passage of the ordinance:
residential, commercial, or industrial purposes, as determined by
1. For highly urbanized and independent component cities, 15%;
the Sanggunian concerned.
2. For component cities and first to third class municipalities,
10%;
Requisites:
3. For fourth to sixth class municipalities, 5%: Provided, further,
• It must be through an ordinance passed by the Sanggunian.
that agricultural lands distributed to agrarian reform
• A public hearing must be conducted.
beneficiaries pursuant to R.A. No. 6657, shall not be affected
• Such public hearing must be for the purpose of the reclassification or
by the said reclassification and the conversion of such lands
utilization.
into other purposes shall be governed by Section 65 of the said
act.
Classification shall be limited at the time of the passage:
• 15% - Highly urbanized and independent component cities.
(b) The President may, when public interest so requires and upon
• 10% - Component cities and first to third class municipalities.
recommendation of the National Economic Development Authority (NEDA),
authorize a city or municipality to reclassify lands in excess of the limits set • 5% - Fourth to sixth class municipalities.
Agricultural lands distributed to agrarian reform beneficiaries pursuant to the
in the next preceding paragraph.
Comprehensive Agrarian Reform Law (CARL), shall not be affected by the
(c) The LGUs shall, in conformity with existing laws, continue to prepare their said reclassification and the conversion of such lands into other purposes
respective comprehensive land use plans enacted through zoning shall be governed by Section 65 of CARL.
ordinances which shall be the primary and dominant bases for the future use
of land resources: Provided, that the requirements for food production,

19
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

A President may: Authorize a city or municipality to reclassify lands in A mere reclassification of agricultural land does not automatically allow a
excess of the limits set. landowner to change its use and cause ejectment of tenants.

Requisites:
• There must public interest.
• There is a recommendation from NEDA.
LGUs shall: In conformation with existing laws, continue to prepare their
respective comprehensive land use plans enacted through zoning
ordinances which shall be the primary and dominant bases for the future of
land resource: Provided, that the requirements for food production, human
settlements, and industrial expansion shall be taken into consideration in the
preparation of such plans.
When is the approval by a national agency required?
General rule: It is required for reclassification.
Exception: If such approval is withheld.
Failure to act on a proper and complete application for reclassification within
3 months from receipt of the same shall be deemed as approval thereof.
Land is not agricultural and is outside the ambit of CARP if:
• The land has been classified in town plans and zoning ordinances as
residential, commercial, or industrial; and
• The town plan and zoning ordinance embodying the land classification
has been approved by the HLURB or its predecessor agency prior to 15
June 1988.
Land Use – The manner of utilization of land, including its allocation,
development and management.
Land Use Conversion – The act or process of changing the current use of a
piece of agricultural land into some other use as approved by DAR.
Doctrine of Primary Jurisdiction – Does not warrant a court to arrogate
unto itself authority to resolve a controversy, the jurisdiction over which is
initially lodged with an administrative body of special competence.

Nothing in Section 20 shall be construed as repealing, amending, or
modifying in any manner the provisions of CARL.
General rule: Agricultural lands, though classified, have to go through the
process of conversion.
Exception: Agricultural lands already reclassified before the effectivity of
CARL.
The requirement that agricultural lands must go through the process of
conversion despite having gone through reclassification, does not suffice.
Executive Order 229 vested DAR with:
• Quasi-judicial powers to determine and adjudicate agrarian reform
matters; and
• Jurisdiction over all matters involving the implementation of agrarian
reform, except those falling under the exclusive original jurisdiction of
DA and DENR.
All irrigated lands, irrigable lands already covered by irrigation projects shall
not be converted for a specific period of 5 years from the effectivity of R.A.
No. 8435.

Conversion Reclassification In case of conversion, the land owner will pay the Department of Agriculture
The act of specifying how the amount equivalent to the government’s investment cost including
The act of changing the current use inflation.
agricultural lands shall be utilized for
of a piece of agricultural land into
non-agricultural uses, subject to the
some other use, as approved by Effect of Administrative Order No. 363 – The following areas shall not be
requirement and procedure for land
DAR. subject to or non-negotiable for conversion and applications:
use conversion.

20

• Protected areas designated under NIPAS;
• All irrigated lands as delineated by DA and/or the NIA; and
• All irrigable lands already covered by irrigation projects with firm funding
commitments.
Lands classified as highly restricted from conversion may be converted only
upon compliance with existing laws, rules, and regulations. An additional
requirement of the social benefit cost analysis approved by DA shall also be
required before these lands may be approved for conversion:
• Lands classified as highly restricted from conversion;
§ Irrigable lands
§ Agro-industrial croplands
§ Highlands
• Lands issued a Notice of Acquisition or Valuation; and
• Areas identified as environmentally critical as determined by the DENR.
SECTION 21. CLOSURE AND
OPENING OF ROADS
(a) A LGU may, pursuant to an ordinance, permanently or temporarily close
or open any local road, alley, park, or square falling within its jurisdiction:
Provided, however, that in case of permanent closure, such ordinance must
be approved by at least 2/3 of all the members of the sanggunian, and when
necessary, an adequate substitute for the public facility that is subject to
closure is provided.
(b) No such way or place or any part thereof shall be permanently closed
without making provisions for the maintenance of public safety therein. A
property thus permanently withdrawn from public use may be used or
conveyed for any purpose for which other real property belonging to the LGU
concerned may be lawfully used or conveyed: Provided, however, that no
freedom park shall be closed permanently without provision for its transfer or
relocation to a new site.
(c) Any national or local road, alley, park, or square may be temporarily
closed during an actual emergency, or fiesta celebrations, public rallies,
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
agricultural or industrial fairs, or an undertaking of public works and
highways, telecommunications, and water works projects, the duration of
which shall be specified by the local chief executive concerned in a written
order: Provided, however, that no national or local road, alley, park, or
square shall be temporarily closed for athletic, cultural, or civic activities not
officially sponsored, recognized, or approved by the LGU concerned.
(d) Any city, municipality, or barangay may, by a duly enacted ordinance,
temporarily close and regulate the use of any local street, road,
thoroughfare, or any other public place where shopping malls, Sunday, flea
or night markets, or shopping areas may be established and where goods,
merchandise, foodstuffs, commodities, or articles of commerce may be sole
and dispensed to the general public.
A LGU may: Permanently or temporarily close or open any local road, alley,
park, or square.
Why is closure needed?
It is for withdrawing the property, especially when it is no longer necessary
for public use or service.
Requisites:
• It must be pursuant to an ordinance.
o In case of a permanent closure, such ordinance must be approved
by at least 2/3 of all the Sanggunian members, when necessary,
an adequate substitute for the public facility that is subject to
closure is provided.
• It must be falling within the jurisdiction of the LGU.
General rule: A property permanently withdrawn from public use may be
used or conveyed for any purpose.
Exception: No such way or place or any part shall be permanently closed
without making provisions for the maintenance of public safety therein.
No freedom park shall be closed permanently without provision for its
transfer or relocation to a new site.
21
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

When may any national or local road, alley, park, or square may be (4) To acquire and convey real or personal property;
temporarily closed? (5) To enter into contracts; and
• Actual emergency; (6) To exercise such other powers as are granted to corporations,
• Fiesta celebrations; subject to the limitations provided in this Code and other laws.
• Public rallies;
• Agricultural or industrial fairs; or (b) Local government units may continue using, modify, or change their
• Undertaking of public works and highways, telecommunications, and existing corporate seals: Provided, That newly established local government
water works units or those without corporate seals may create their own corporate seals
which shall be registered with the Department of the Interior and Local
Exception: It cannot be temporarily closed if an athletic, cultural, or civic Government: Provided, further, That any change of corporate seal shall also
activity is not officially sponsored, recognized, or approved by the LGU be registered as provided herein.
concerned.
(c) Unless otherwise provided in this Code, contract may be entered into by
Any city, municipality, or barangay may temporarily close for: the local chief executive in behalf of the local government unit without prior
• Shopping malls; authorization by the sanggunian concerned. A legible copy of such contract
• Sunday, flea, or night markets; or shall be posted at a conspicuous place in the provincial capitol or the city,
• Shopping areas. municipal or barangay hall.
As long there is an ordinance allowing it, goods, merchandise, foodstuffs,
commodities, or articles of commerce may be sold and dispensed to the (d) Local government units shall enjoy full autonomy in the exercise of their
general public. proprietary functions and in the management of their economic enterprises,
subject to the limitations provided in this Code and other applicable laws.
A public property becomes a private property of the State upon a declaration
by the government. If one has reasonable access to the general system of Corporate powers of a LGU:
streets, one has no right to compensation. • To have continuous succession in its corporate name;
• To sue and be sued;
To warrant recovery, property owner must show that he has suffered special • To have and use a corporate seal;
damage differing in kind and not merely in degree from those sustained by • To acquire and convey real or personal property;
the public generally. • To enter into contracts; and
• To exercise such other powers as are granted to corporations, subject
to the limitations provided in this Code and other laws.
SECTION 22. CORPORATE POWERS
General rule: No contract may be entered into by the local chief executive in
(a) Every local government unit, as a corporation, shall have the following
behalf of the LGU.
powers:
Exception: Unless otherwise provided for.
(1) To have continuous succession in its corporate name;
(2) To sue and be sued;
(3) To have and use a corporate seal;

22

Requisites:
• There must be a prior authorization from the Sanggunian concerned.
• There must be a legible copy of such contract.
• It must be posted at a conspicuous place in the provincial capitol or the
city, municipal or barangay hall.
LGUs shall enjoy full autonomy in the exercise of their propriety functions
and in the management of their economic enterprises, subject to the
limitations provided in this Code and other applicable laws.
Where can LGUs register or change their corporate seals? DILG.
NOT DTI and/or IPO because it is not a business or enterprise.
What is the chief purpose of a seal?
To identify and authenticate documents.
In the absence of a charter or other law, generally a seal is not essential to
the validity of an ordinary corporate contract.
Rule of Strict Construction – Charters are regarded as special grants of
power, and hence, whatever is not given expressly, or as a necessary
means to the execution of expressly given powers, is withheld.
The powers of a municipal corporation must be exercised in a reasonable,
lawful, and constitutional manner, even where there are no express
limitations on the grant of power.
Where the applicable law directs in precise or definite terms the manner in
which certain corporate acts are to be executed, and points out the
departments, officers, or agents who are to perform them, such specification
must be substantially followed.
The legislature has the power to determine what is a lawful municipal
purpose and a public purpose with respect to which a municipality may
exercise powers.
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
Continuous succession – That continuous existence which enables a
corporation to manage its affairs, and hold property without the necessity of
perpetual conveyances, for the purpose of transmitting it.
Suability of the State –
General rule: The State cannot be sued.
Exception: Unless it gives its consent expressly and impliedly.
A municipal corporation, acting in its private capacity, may sue and be sued
in the same manner as natural persons. The rules provide that service of
summons on municipal corporations must be effected on its local chief
executive or on other officers as the law or the court may direct.
Municipal corporations are artificial creatures of the State, and have no
inherent right to sue the State. This lack of capacity to sue the State is a
necessary outgrowth of the separation of powers doctrine.
How is implied consent given?
General rule: Implied consent to be sued is given where:
o The State commences litigation; and
o The State enters into a contract which is commercial in nature.
Exception: When the Code itself expressly provides. Therefore, they may
be sued even in the performance of governmental functions.
The members of a municipal corporation are not personally liable for the
debts of the municipality and the residents of a city or town are not generally
liable for municipal debt.
Municipal property – Exempt from execution, and frequently from other
ordinary judicial process, in the enforcement of a judgment against a
municipal corporation.
Power to compromise
General rule: A municipal or other public corporation has the power to settle
and compromise disputed claims in favor or against it, before or after suit
has begun, and any time before final judgment.
Exception: Unless it is forbidden by charter or an applicable general law.
23
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

Power to submit to arbitration Exception: It may be acquired by prescription upon the same conditions as
In the absence of special restrictions in the applicable law, a municipal the property of a private owner.
corporation possessing power to contract, to sue and be sued, has authority Property owner by LGUs in governmental capacity is public property which
to settle disputed claims by arbitration to the same extent as the individual or Congress has absolute control over.
private corporation.
General rule: Local governments have no authority to control or regulate the
Public properties under Article 424 of the New Civil Code – Property for use of public properties.
public use, in the provinces, cities, and municipalities, consist of the Exception: If there is specific authority is vested upon them by Congress.
provincial roads, city streets, municipal streets, the squares, fountains, public Patrimonial property of LGUs cannot be expropriated without due process
waters, promenades, and public works for public service paid for by said and just compensation.
provinces, cities, or municipalities. All other property possessed by any of
them is patrimonial and shall be governed by this Code, without prejudice to Power to enter into contracts
the provisions of special laws. The chief executive of a LGU may enter into contracts on behalf of the latter.
However, the chief must:
Public service – Property which must be for free and indiscriminate use by • Secure prior authorization from the local sanggunian;
anyone. • Have a legible copy;
• Such must be posted in a conspicuous place.
PROPERTY OF THE GOVERNMENT HELD IN:
Public character Private character Rules relating to contracts generally apply. Thus, there must be an offer and
Property held and devoted for Acquired or held for the special acceptance, an object certain, cause, mutuality, and conformity with all
governmental purposes. It is for the benefit of the inhabitants of the requirements of the law of contracts.
use and benefit of the general public. municipality.
Generally, not subject to The power to contract is an act of discretion and cannot be delegated.
Subject to the control of the
appropriation or complete control by
legislature, unless such control is
the State, except by the exercise of The Code does not expressly provide for the form of authorization to contract
restricted by a special constitutional
eminent domain with payment of full by the sanggunian, this may be done through vote upon motion or by
provision.
compensation. resolution. Generally, if it is done as a resolution, it must be enacted in the
same manner prescribed for an ordinance, except that it need not go through
Selling or disposing of public property a third reading, unless decided otherwise by a majority of all sanggunian
General rule: A municipal corporation cannot sell or dispose of property members.
devoted to a public governmental use or purpose.
Exception: If there is a special statutory or charter authority allowing it. What happens if there is lack of authorization?
General rule: It shall be unenforceable.
Ownership through prescription Exception: If it is ratified by.
General rule: Ownership over public property of a municipal corporation Legal basis: Article 1317 of the New Civil Code, which states: No one may
may not be acquired through prescription. contract in the name of another without being authorized by the latter, or
unless he has by law a right to represent him. A contract entered into in the

24

name of another by one who has no authority or legal representation, or who
has acted beyond his powers, shall be unenforceable, unless it is ratified,
expressly or impliedly, by the person on whose behalf it has been executed,
before it is revoked by the other contracting party.
Can the Doctrine of Estoppel be applied?
No. The Doctrine of Estoppel cannot be applied as against a municipal
corporation to validate a contract which it has no power to make.
Principle of Local Autonomy (is equivalent to decentralization) – It does
not make local governments sovereign within the State.
• Imperium in imperio – A group that exists within a political unit but
exercises an independent power.
SECTION 23. AUTHORITY TO
NEGOTIATE AND SECURE GRANTS
Local chief executives may, upon authority of the sanggunian, negotiate and
secure financial grants or donations in kind, in support of the basic services
or facilities enumerated under Section 17 hereof, from local and foreign
assistance agencies without necessity of securing clearance or approval
therefor from any department, agency, or office of the national government
or from any higher local government unit: Provided, That projects financed
by such grants or assistance with national security implications shall be
approved by the national agency concerned: Provided, further, That when
such national agency fails to act on the request for approval within thirty (30)
days from receipt thereof, the same shall be deemed approved.
The local chief executive shall, within thirty (30) days upon signing of such
grant agreement or deed of donation, report the nature, amount, and terms
of such assistance to both Houses of Congress and the President.
Who can negotiate and secure grants? The local chief executives.
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
How?
• The Sanggunian must first give the local chief executives authority. This
is without necessity of securing clearance or approval from any
department, agency, or office of the National Government or from any
higher LGU.
• Such projects financed by such grants or assistance with national
security implications shall be approved by the national agency
concerned.
• However, when such national agency fails to act on the request for
approval within 30 days it shall be deemed approved.
Why? This is in support of the basic services or facilities enumerated under
Section 17 of this code.
Where? From local and foreign assistance agencies.
The Local Chief Executive shall, within 30 days upon signing of such grant
agreement or deed of donation, report the nature, amount, and terms of such
assistance to both Houses of Congress and the President.
• It is essentially gratuitous.
• If it is onerous, this Section will no longer apply. The New Civil Code
reiterated that donations with onerous cause shall be governed by the
Rules on Contracts.
Grant – A gift usually for a particular purpose.
25
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

General rule: Once the elements to establish liability are proven, the city is
SECTION 24. LIABILITY FOR DAMAGES
liable.
Exception: If the city can prove that the harm was caused by:
Local government units and their officials are not exempt from liability for
• The fault of the victim;
death or injury to persons or damage to property.
• The fault of a third person; or
• An irresistible force.
Suability Liability
Actual or constructive knowledge of the defect creating the unreasonable
The capability of an entity to be The condition of being actually or risk of injury may be irrelevant in establishing municipal liability.
sued. potentially subject to an obligation.
Generally, a municipal corporation is Liability of officers
not liable for the acts of its officers or General rule: Officers or agents of the Government charged with the
In permitting a municipal corporation
agents in the performance of its performance of governmental duties, which are in their nature legislative or
to be sued, the State merely gives
governmental functions. However, quasi-judicial, are not liable for the consequences of their official acts.
the claimant the right to show that
they are not exempt from liability for Exception: If it is shown that they acted willfully and maliciously, and with
the former was not acting in its
the negligent performance of its the express purpose of inflicting injury.
governmental capacity.
corporate or propriety or business
functions.
SECTION 25. NATIONAL
Respondeat superior principle – In cases of torts, the municipal SUPERVISION OVER LGUs
corporation is not liable where the plaintiff’s acts were the proximate cause
of the injury. (a) Consistent with the basic policy on local autonomy, the President shall
exercise general supervision over local government units to ensure that their
General rule: No money shall be paid out of any public treasury or acts are within the scope of their prescribed powers and functions. The
depository. President shall exercise supervisory authority directly over provinces, highly
Exception: If there is an appropriation law or other specific statutory urbanized cities, and independent component cities; through the province
authority. with respect to component cities and municipalities; and through the city and
municipality with respect to barangays.
Requisite for liability of a municipal corporation
Such municipal corporation must have both (b) National agencies and offices with project implementation functions shall
• Control; and coordinate with one another and with the local government units concerned
• Supervision. in the discharge of these functions. They shall ensure the participation of
Ownership is not required. Nor is negligence for liability to attach. local government units both in the planning and implementation of said
national projects.
Elements to establish liability
• Cause of the damage was in the care and custody of the defendant; (c) The President may, upon request of the local government unit concerned,
• An unreasonable risk of injury to another; and direct the appropriate national agency to provide financial, technical, or other
• Such injury was caused by the defect.

26
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

forms of assistance to the local government unit. Such assistance shall be
extended at no extra cost to the local government unit concerned.
(d) National agencies and offices including government-owned or -controlled
corporations with field units or branches in a province, city, or municipality
shall furnish the local chief executive concerned, for his information and
guidance, monthly reports including duly certified budgetary allocations and
expenditures.
National agencies and offices including GOCCs with field units or branches
in a province, city, or municipality shall furnish the local chief executive
concerned, for his information and guidance, monthly reports including duly
certified budgetary allocations and expenditures.
Control – The power of an official to alter, modify, nullify, or set aside what a
subordinate officer had done in the performance of his duties and substitute
the judgment of the former for that of the latter.

Powers of the President Supervision – The power of an officer to see that subordinate officers
• General supervision over LGUs to ensure that their acts are within the perform their duties.
scope of their prescribed powers and functions.
• Supervisory authority directly over provinces, highly urbanized cities, SECTION 26. DUTY OF NATIONAL
and independent component cities.
o Through the province with respect to component cities and GOVERNMENT AGENCIES IN THE
municipalities.
o Through the city and municipality with respect to barangays.
MAINTENANCE OF ECOLOGICAL BALANCE
• Upon request of the LGU concerned, direct the appropriate national
It shall be the duty of every national agency or government-owned or
agency to provide financial, technical, or other forms of assistance to the
controlled corporation authorizing or involved in the planning and
LGU. Such assistance shall be extended at no extra cost to the LGU
implementation of any project or program that may cause pollution, climatic
concerned.
change, depletion of non-renewable resources, loss of crop land, rangeland,
or forest cover, and extinction of animal or plant species, to consult with the
However, the President has no inherent power to remove or suspend local
local government units, nongovernmental organizations, and other sectors
elective officials, and can only do so:
concerned and explain the goals and objectives of the project or program, its
• Where the power is expressly given; or
impact upon the people and the community in terms of environmental or
• When it arises by necessary implication under the Constitution or
ecological balance, and the measures that will be undertaken to prevent or
Statutes.
minimize the adverse effects thereof.
Laws governing the suspension and removal of public officers, especially
What are the duties of National Agencies or GOCCs?
those chosen by direct vote of the people, must be strictly construed in their
• To consult with the LGUs, NGOs, and other sectors concerned.
favor when the procedure is strictly adhered to.
• To explain the goals and objectives of the project or program, its impact
upon the people and community in terms of environmental or ecological
National agencies and offices with project implementation functions shall
balance.
coordinate with one another and with the LGUs concerned in the discharge
• To know the measures that should be undertaken to prevent or
of these functions and the participation of the LGUs in the planning and
minimize adverse effects.
implementation of said national projects.

27

For what?
For the planning and implementation of any project or program that may
cause pollution, climatic change, depletion of non-renewable resources, loss
of cropland, rangeland, or forest cover, and extinction of animal or plant
species.
SECTION 27. PRIOR
CONSULTATIONS REQUIRED
No project or program shall be implemented by government authorities
unless the consultations mentioned in Sections 2 (c) and 26 hereof are
complied with, and prior approval of the sanggunian concerned is obtained:
Provided, That occupants in areas where such projects are to be
implemented shall not be evicted unless appropriate relocation sites have
been provided, in accordance with the provisions of the Constitution.
General rule: No project or program shall be implemented by government
authorities.
Exception: Unless the consultations mentioned in Section 2(c) and 26
hereof are complied with, and prior approval of the sanggunian concerned is
obtained.
Occupants in areas where such projects are to be implemented shall not be
evicted unless appropriate relocation sites have been provided, in
accordance with the provisions of the Constitution.
Requisites before it can be implemented
• Prior consultation with the affected local communities.
• Prior approval of the project by the appropriate Sanggunian.
Consultation – The act of seeking advice or information, or seeking
guidance.
The duty to consult may be enforced by petition for prohibition and
mandamus against the offending parties under conditions provided in the
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
Rules of Court. Failure to comply, may be a ground for disciplinary action
under Civil Service Laws.
SECTION 28. POWERS OF LOCAL CHIEF
EXECUTIVES OVER THE UNITS OF THE PNP
The extent of operational supervision and control of local chief executives
over the police force, fire protection unit, and jail management personnel
assigned in their respective jurisdictions shall be governed by the provisions
of Republic Act Numbered Sixty-nine hundred seventy-five (R.A. No. 6975),
otherwise known as "The Department of the Interior and Local Government
Act of 1990", and the rules and regulations issued pursuant thereto.
Extent of operational supervision and control of local chief executives
• Police force;
• Fire protection unit; and
• Jail management personnel.
The PNP is not part of the AFP. They act as a civilian agency of the
government.
Local executives merely act as representatives of the National Police
Commission (NAPOLCOM). As deputies they are answerable to the
Commission for their actions in the exercise of their functions.
Extent of the Mayor’s power to recommend
• The mayor cannot request that his choice may be included in the list of
5 eligible candidates to be recommended by the Regional Police
Director.
• The mayor has no power of appointment. He only has a limited power of
selecting one from the list of five.
o The power to appoint is vested in the Police Regional Director.
28

SECTION 29. PROVINCIAL RELATIONS WITH
COMPONENT CITIES AND MUNICIPALITIES
The province, through the governor, shall ensure that every component city
and municipality within its territorial jurisdiction acts within the scope of its
prescribed powers and functions. Highly urbanized cities and independent
component cities shall be independent of the province.
For the province – The Governor shall ensure that every component city
and municipality acts within the scope of its prescribed powers and
functions.
Highly urbanized cities and independent component cities shall be
independent of the province.
In the absence of contrary statutory language, the State legislature intended
the State agency to be absolutely immune from local restrictions merely
because the State agency is an arm of the State and occupies a superior
position in the hierarchy.
SECTION 30. REVIEW OF
EXECTIVE ORDERS
(a) Except as otherwise provided under the Constitution and special statutes,
the governor shall review all executive orders promulgated by the
component city or municipal Mayor within his jurisdiction. The city or
municipal Mayor shall review all executive orders promulgated by the
punong barangay within his jurisdiction. Copies of such orders shall be
forwarded to the governor or the city or municipal Mayor, as the case may
be, within three (3) days from their issuance. In all instances of review, the
local chief executive concerned shall ensure that such executive orders are
within the powers granted by law and in conformity with provincial, city, or
municipal ordinances.
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
(b) If the governor or the city or municipal Mayor fails to act on said
executive orders within thirty (30) days after their submission, the same shall
be deemed consistent with law and therefore valid.
Governor – Reviews all executive orders promulgated by the component
city or municipal mayor within his jurisdiction.
Except as otherwise provided under the Constitution and special statutes.
City or municipal mayor – Reviews all executive orders promulgated by the
punong barangay within his jurisdiction.
Copies of such orders shall be forwarded to the governor or the city or
municipal mayor, as the case may be, within 3 days from their issuance.
During review, local chief executives concerned shall ensure that such
executive orders are within the powers granted by law and in conformity with
provincial, city, or municipal ordinances.
If the governor or the city or municipal mayor fails to act on said executive
orders within 30 days after their submission, it shall be deemed consistent
with law and therefore valid.
ü Both the Governor and Mayor performs a quasi-judicial functions.
ü The RTC may properly exercise judicial review over the decisions.
SECTION 31. SUBMISSION OF MUNICIPAL
QUESTIONS TO THE PROVINCIAL LEGAL
OFFICER OR PROSECUTOR
In the absence of a municipal legal officer, the municipal government may
secure the opinion of the provincial legal officer, and in the absence of the
latter, that of the provincial prosecutor on any legal question affecting the
municipality.
29
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

What if there is no municipal legal officer? What can LGUs do?

The municipal government may secure the opinion of the provincial legal Group themselves, consolidate, or coordinate their efforts, services, and
officer. resources for purposes commonly beneficial to them.

If there is no provincial legal officer? How may LGUs promulgate such undertakings?
The provincial prosecutor may take over. Upon approval by the Sanggunian concerned after a public hearing is
conducted for the purpose, contribute funds, real estate, equipment, and
other kinds of property and appoint or assign personnel under such terms
SECTION 32. CITY AND MUNICIPAL
and conditions as may be agreed upon by the participating local units
SUPERVISION OVER THEIR PERSPECTIVE through Memoranda of Agreement.

BARANGAYS
SECTION 34. ROLE OF PEOPLE’S AND NON-
The city or municipality, through the city or municipal Mayor concerned, shall
exercise general supervision over component barangays to ensure that said GOVERNMENTAL ORGANIZATION
barangays act within the scope of their prescribed powers and functions.
Local government units shall promote the establishment and operation of
Mayor – Shall exercise general supervision over component barangays. people's and nongovernmental organizations to become active partners in
the pursuit of local autonomy.
Why? To ensure that barangays act within the scope of their prescribed
powers and functions. What is the role of LGUs in this Section?
They shall promote the establishment and operation of the people’s and non-
governmental organizations to become active partners in the pursuit of local
SECTION 33. COOPERATIVE
autonomy.
UNDERTAKINGS AMONG LGUs
SECTION 35. LINKAGES WITH PEOPLE’S
Local government units may, through appropriate ordinances, group
themselves, consolidate, or coordinate their efforts, services, and resources AND NON-GOVERNMENTAL
for purposes commonly beneficial to them. In support of such undertakings,
ORGANIZATIONS
thelocal government units involved may, upon approval by the sanggunian
concerned after a public hearing conducted for the purpose, contribute
Local government units may enter into joint ventures and such other
funds, real estate, equipment, and other kinds of property and appoint or
cooperative arrangements with people's and nongovernmental organizations
assign personnel under such terms and conditions as may be agreed upon
to engage in the delivery of certain basic services, capability-building and
by the participating local units through Memoranda of Agreement.
livelihood projects, and to develop local enterprises designed to improve
productivity and income, diversify agriculture, spur rural industrialization,
promote ecological balance, and enhance the economic and social well-
being of the people.

30

What can they do?
• Enter into joint ventures and other cooperative arrangements to engage
in the delivery of certain basic services, capability-building and livelihood
projects.
• Develop local enterprises designed to improve productivity and income,
to diversify agriculture, spur rural industrialization, promote ecological
balance, and enhance the economic and social well-being of the people.
SECTION 36. ASSISTANCE TO PEOPLE’S
AND NON-GOVERNMENTAL
ORGANIZATIONS
A local government unit may, through its local chief executive and with the
concurrence of the sanggunian concerned, provide assistance, financial or
otherwise, to such people's and nongovernmental organizations for
economic, socially-oriented, environmental, or cultural projects to be
implemented within its territorial jurisdiction.
What can the LGU do?
Provide assistance, financial or otherwise, to such people’s and NGOs for
economic, socially-oriented, environmental, or cultural projects to be
implemented within its territorial jurisdiction.
How can a LGU do that?
Through its local chief executive and with the concurrence of the sanggunian
concerned.
SECTION 37. LOCAL PREQUALIFICATION,
BIDS AND AWARDS COMMITTEE
(a) There is hereby created a local prequalification, bids and awards
committee in every province, city, and municipality, which shall be primarily
responsible for the conduct of prequalification of contractors, bidding,
evaluation of bids, and the recommendation of awards concerning local
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
infrastructure projects. The governor or the city or municipal Mayor shall act
as the chairman with the following as members:
(1) The chairman of the appropriations committee of the sanggunian
concerned;
(2) A representative of the minority party in the sanggunian concerned, if
any, or if there be none, one (1) chosen by said sanggunian from
among its members;
(3) The local treasurer;
(4) Two (2) representatives of nongovernmental organizations that are
represented in the local development council concerned, to be chosen
by the organizations themselves; and
(5) Any practicing certified public accountant from the private sector, to be
designated by the local chapter of the Philippine Institute of Certified
Public Accountants, if any. Representatives of the Commission on
Audit shall observe the proceedings of such committee and shall
certify that the rules and procedures for prequalification, bids and
awards have been complied with.
(b) The agenda and other information relevant to the meetings of such
committee shall be deliberated upon by the committee at least one (1) week
before the holding of such meetings.
(c) All meetings of the committee shall be held in the provincial capitol or the
city or municipal hall. The o;O7 minutes of such meetings of the committee
and any decision made therein shall be duly recorded, posted at a prominent
place in the provincial capitol or the city or municipal hall, and delivered by
the most expedient means to elective local officials concerned.
What does the Local PBAC do?
It is primarily responsible for the conduct of prequalification of contractors,
bidding, evaluation of bids, and the recommendation of awards concerning
local infrastructure projects.
The governor or the city or municipal mayor shall act as the chairman with
the following members:
• The chairman of the appropriations committee of the sanggunian
concerned;
31

• A representative of the minority party in the sanggunian concerned, if
any, or if there be none, one chosen by said sanggunian from among its
members;
• The local treasurer;
• 2 representatives of NGOs that are represented in the local
development council concerned, to be chosen by the organizations
themselves; and
• Any practicing CPA from the private sector, to be designated by the
local chapter of the Philippine Institute of CPAs, if any.
Representatives of the Commission on Audit shall observe the proceedings
of such committees and shall certify that the rules and procedures have
been complied with.
The agenda and other information relevant to the meetings shall be
deliberated by the committee at least one week before the holding of such
meetings.
Where shall the meetings be held?
It shall be held in the provincial capitol or the city or municipal hall.
The minutes of such meetings of the committee and any decision:
• Shall be duly recorded;
• It must also be posted at a prominent place in the provincial capitol or
the city or municipal hall; and
• It must be delivered to the elective local officials concerned.
Mode of contracting
• Mode not prescribed – It be contracted in the same manner as other
corporations, partnerships, or individuals.
• Required form – Usually a charter requires certain formalities,
whenever the municipal corporation is acting within the scope of its
legitimate purposes, all its contracts, sealed or unsealed, written or
parol, are valid.
o This one is mandatory.
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
What is the purpose of competitive bidding?
For inviting competition, to guard against favoritism, improvidence,
extravagance, fraud and corruption, and to secure the best work or supplies
at the lowest price.
Competitive bidding in the letting of municipal contracts is uniformly
construed as mandatory and jurisdictional. Nonobservance will render the
contract void and unenforceable. However, good faith, or the absence of it in
entering a contract is not material.
SECTION 38. LOCAL
TECHINICAL COMMITTEE
(a) There is hereby created a local technical committee in every province,
city and municipality to provide technical assistance to the local
prequalification, bids and awards committees. It shall be composed of the
provincial, city or municipal engineer, the local planning and development
coordinator, and such other officials designated by the local prequalification,
bids and awards committee.
(b) The chairman of the local technical committee shall be designated by the
local prequalification, bids and awards committee and shall attend its
meeting in order to present the reports and recommendations of the local
technical committee.
What does the LTC do?
It provides technical assistance to the Local PBACs.
Composition
• The provincial, city or municipal engineer;
• The local planning and development coordinator; and
• Other officials designated by the Local PBACs.
The chairman of the LTC shall be designated by the Local PBAC and shall
attend its meeting in order to present the reports and recommendations of
the LTC.
32
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

c. Able to read and write Filipino or any other local language or

SECTION 39. QUALIFICATIONS
dialect

(a) An elective local official must be a citizen of the Philippines; a registered

ü Candidates for the position of governor, vice-governor, or member of the
voter in the barangay, municipality, city, or province or, in the case of a
sangguniang panlalawigan, or mayor, vice-mayor or member of the
member of the sangguniang panlalawigan, sangguniang panlungsod, or
sangguniang panlungsod of highly urbanized cities, mayor or vice-
sangguniang bayan, the district where he intends to be elected; a resident
mayor of independent component cities, component cities, or
therein for at least one (1) year immediately preceding the day of the
municipalities – At least twenty-one (21) years of age on election day.
election; and able to read and write Filipino or any other local language or
dialect.
ü Candidates for the position of member of the sangguniang panlungsod
or sangguniang bayan, punong barangay or member of the
(b) Candidates for the position of governor, vice-governor, or member of the
sangguniang barangay – At least eighteen (18) years of age on election
sangguniang panlalawigan, or mayor, vice-mayor or member of the
day.
sangguniang panlungsod of highly urbanized cities must be at least twenty-
one (21) years of age on election day.
ü Candidates for the sangguniang kabataan – At least 18 years of age but
not more than 24 years of age on election day (According to the new SK
(c) Candidates for the position of mayor or vice-mayor of independent
reform act of 2016)
component cities, component cities, or municipalities must be at least
twenty-one (21) years of age on election day.
When qualifications required
- Continuing requirements, not only at the time of appointment or election
(d) Candidates for the position of member of the sangguniang panlungsod or
or assumption of office, but also during entire tenure
sangguniang bayan must be at least eighteen (18) years of age on election
- Once lost during incumbency, title to office itself is forfeited.
day.
- Vice of ineligibility cannot be cured by the will of the people expressed
through the ballot
(e) Candidates for the position of punong barangay or member of the
- Citizenship need not be complied with prior to election but may be
sangguniang barangay must be at least eighteen (18) years of age on
passed on the day the candidate assumes office. (Frivaldo v
election day.
Commission on Elections)

(f) Candidates for the sangguniang kabataan must be at least fifteen (15)
Effect of disqualification of winner of election
years of age but not more than twenty-one (21) years of age on election day.
- Electorate that voted for unqualified candidate said to be waived the
validity and efficacy of their votes
General Qualifications of elective local officials:
- Eligible candidate obtaining the next higher number of votes may be
(1) Citizen of PH
deemed elected
(2) Registered voter in barangay, municipality, city or province
a. In case of sangguniang panlalawigan, panlungsod, bayan,
When residence requirement met
registered voter in the district where he intends to be elected
- Actual residence in an area for a given period
b. Resident therein for at least 1 year immediately preceding the day
- Domiciled in the same area either by origin or choice
of the election

33

Residence – The place where a party actually or constructively has his
permanent home, where he, no matter where he may be found at any given
time, eventually intends to return and remain
• Not only intention to reside in a fixed place but also personal presence
in that place, coupled with conduct indicative of such intentions.
Domicile of origin – It is acquired by every person at birth. Usually the
place where the child’s parents reside and continues until the same is
abandoned by acquisition of new domicile.
Domicile by choice:
- Residence or bodily presence in the new locality
- Intentions to remain there
- Intention to abandon the old domicile
ü “green card” constitutes abandonment of domicile in the Philippines
ü Naturalization in foreign country result in an abandonment of domicile in
the Philippines
Purpose of residence requirement
• Exclude outsiders from taking advantage of favorable circumstances
existing in a community for electoral gain.
• Prevent Strangers unacquainted with the needs of a community from
being elected.
• Defeats purpose of representation
ü Proof required for disqualification
ü Property ownership not a requirement, enough that he lived in the
locality
SECTION 40. DISQUALIFICATIONS
(1) Those sentenced by final judgment for an offense involving moral
turpitude or for an offense punishable by one (1) year or more of
imprisonment, within two (2) years after serving sentence;
(2) Those removed from office as a result of an administrative case;
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
(3) Those convicted by final judgment for violating the oath of allegiance to
the Republic;
(4) Those with dual citizenship;
(5) Fugitives from justice in criminal or non-political cases here or abroad;
(6) Permanent residents in a foreign country or those who have acquired
the right to reside abroad and continue to avail of the same right after
the effectivity of this Code; and
(7) The insane or feeble-minded.
Judgement becomes finals where:
(1) Period for perfecting an appeal has lapsed
(2) Sentence is partially or totally satisfied or served
(3) Accused expressly waives in writing his right to appeal
(4) Accused applies for probation
(5) No appeal filed
LGC vs RPC
- LGC allows a prior convict to run for local elective office after the lapse of 2
years from the time he serves his sentence… does not cover cases wherein
the law (RPC) imposes a penalty, either as principal or accessory, which has
the effect of disqualifying the convict to run for elective office.
Moral Turpitude – An act of baseness, vileness, or depravity in the private
duties which a man owes his flow men, or to society in general, contrary to
the accepted and customary rule of right and duty between man and woman
or conduct contrary to justice, honesty, modesty, or good morals.
• Question of fact depends on all circumstances
ü Those who have not served their sentence by reason of the grant of
probation which should not be equated with service of sentence, should
not be disqualified from running for a local elective office.
Requirements of decision: In writing, stating clearly and distinctly the facts
and reasons for such decision.
34
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

ü Section 40(b) has no retroactive effect.

SECTION 41. MANNER OF ELECTION
ü Any administrative disciplinary proceeding is abated if a candidate is
reelected
(a) The governor, vice-governor, city mayor, city vice-mayor, municipal
mayor, municipal vice-mayor, and punong barangay shall be elected at
Dual Citizenship – As a result of concurrent application of the different laws
large in their respective units by the qualified voters therein. However,
of two or more states, a person is simultaneously considered a national by
the sangguniang kabataan chairman for each barangay shall be elected
the said states. (INVOLUNTARY)
by the registered voters of the katipunan ng kabataan, as provided in
this Code.
Dual Allegiance – A situation in which a person simultaneously owes, by
some positive act, loyalty to two or more states. (VOLUNTARY)
(b) The regular members of the sangguniang panlalawigan, sangguniang
panlungsod, and sangguniang bayan shall be elected by district, as may
ü Dual citizenship equivalent to dual allegiance in the code.
be provided for by law. Sangguniang barangay members shall be
ü Being dual citizen disqualifies a person from running for public office.
elected at large. The presidents of the leagues of sanggunian members
ü Using foreign passport after renunciation of foreign citizenship still
of component cities and municipalities shall serve as ex officio members
disqualifies a person from running for local office.
of the sangguniang panlalawigan concerned. The presidents of the
"Liga ng mga barangay and the pederasyon ng mga sangguniang
Fugitive from justice – Includes not only those conviction to avoid
kabataan" elected by their respective chapters, as provided in this
punishment but likewise who, after being charged, flee to avoid prosecution.
Code, shall serve as ex officio members of the sangguniang
panlalawigan, sangguniang panlungsod, and sangguniang bayan.
Insane – A condition which renders the affected person unfit to enjoy liberty
of action because of the unreliability of his behavior with concomitant danger
(c) In addition thereto, there shall be one (1) sectoral representative from
to himself and others.
the women, one (1) from the workers, and one (1) from any of the
following sectors: the urban poor, indigenous cultural communities,
Feeble-minded – Mental defect. Compromise the mental ages of nine to
disabled persons, or any other sector as may be determined by the
twelve years old.
sanggunian concerned within ninety (90) days prior to the holding of the
next local elections as may be provided for by law. The COMELEC shall
ü Enumeration not exhaustive – other disqualifications are found in other
promulgate the rules and regulations to effectively provide for the
laws such as the Omnibus Election Code and Electoral Reforms Act of
election of such sectoral representatives.
1987.

Execution of decided election case pending appeal: SECTION 42. DATE OF ELECTION
- Based on “good reason” – One ground to support a motion for execution
pending appeal is insufficient. Unless otherwise provided by law, the elections for local officials shall be
(1) Public interest involved or will of the electorate held every three (3) years on the second Monday of May.
(2) Shortness of the remaining portion of the term of the contested office
(3) The length of time that the election contest has been pending

35
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

Interruption of consecutive terms:

SECTION 43. TERM OF OFFICE
- An interruption occurs when the term is broken because the office
holder lost the right to hold on to his office, and cannot be equated with
(a) The term of office of all local elective officials elected after the effectivity
the failure to render service.
of this Code shall be three (3) years, starting from noon of June 30, 1992 or
- Loss of office by operation of law being involuntary is an effective
such date as may be provided for by law, except that of elective barangay
interruption of service within a term, regardless of the length of loss.
officials: Provided, That all local officials first elected during the local
- Temporary inability or disqualification to exercise the functions of an
elections immediately following the ratification of the 1987 Constitution shall
elective post, even if involuntary, not considered interruption.
serve until noon of June 30, 1992.
Preventive suspension:
(b) No local elective official shall serve for more than three (3) consecutive
- Involves protection of the service and of the people being served and
terms in the same position. Voluntary renunciation of the office for any length
prevents the office holder from temporarily exercising the power of his
of time shall not be considered as an interruption in the continuity of service
office.
for the full term for which the elective official concerned was elected.
- Not considered an interruption

(c) The term of office of barangay officials and members of the sangguniang
Recall election:
kabataan shall be for three (3) years, which shall begin after the regular
- An elective official is not disqualified by the consecutive term limit where
election of barangay officials on the second Monday of May 1994.
he was elected and served two full terms, becomes a private citizen for
two years, subsequently wins a recall election during the same term,
Term – The time during which the officer may claim to hold office as of right
and serves the unexpired portion thereof.
and fixes the interval after which the several incumbents shall succeed one
- Not covered by the three-term rule
another.
- Not immediate reelection after three consecutive terms
- Intervening period constitutes an involuntary interruption
Three consecutive terms:
- Not only three consecutive terms, but must also have been elected to
ü If municipality becomes a city, the municipal mayor having served three
the same position for the same number of times.
consecutive terms cannot run for mayor of the same municipality-
- Involuntary severance from the office for any length of time interrupts
turned-city, by saying he has not served as city mayor. Involves the
continuity of service and prevents the service before and after the
same jurisdiction and same people.
interruption from being joined together to form a continuous service or
ü Upon filing of certificate of candidacy of an elective local official running
consecutive terms.
for an office other than the one he is actually holding, he is considered
to have resigned from the moment of filing.
Voluntary renunciation: a loss of title to office by conscious choice; cannot be
• Even when he withdraws the certificate of candidacy, it does not
used to defeat three-term rule. Succession by law not voluntary renunciation-
render the resignation void ab initio.
see section 44.

36

SECTION 44. PERMANENT VACANCIES IN
THE OFFICES OF THE GOVERNOR, VICE-
GOVERNOR, MAYOR, AND VICE-MAYOR
(1) If a permanent vacancy occurs in the office of the governor or mayor,
the vice-governor or vice-mayor concerned shall become the governor
or mayor.
(2) If a permanent vacancy occurs in the offices of the governor, vice-
governor, mayor, or vice-mayor, the highest ranking sanggunian
member or, in case of his permanent inability, the second highest
ranking sanggunian member, shall become the governor, vice-governor,
mayor or vice-mayor, as the case may be. Subsequent vacancies in the
said office shall be filled automatically by the other sanggunian
members according to their ranking as defined herein.
(3) If a permanent vacancy occurs in the office of the punong barangay, the
highest ranking sanggunian barangay member or, in case of his
permanent inability, the second highest ranking sanggunian member,
shall become the punong barangay.
(4) A tie between or among the highest ranking sanggunian members shall
be resolved by the drawing of lots.
(5) The successors as defined herein shall serve only the unexpired terms
of their predecessors.
(6) For purposes of this Chapter, a.
For purposes of succession as provided in the Chapter, ranking in the
sanggunian shall be determined on the basis of the proportion of votes
obtained by each winning candidate to the total number of registered voters
in each district in the immediately preceding local election.
Vacancy – No person lawfully authorized at present to assume and exercise
the duties of the office.
Permanent vacancy – It arises when an elective local official fills a higher
vacant office, refuses to assume office, fails to qualify, dies, is removed from
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
office, voluntarily resigns, or is otherwise permanently incapacitated to
discharge the functions of his office.
Effect of disqualification of winner of election: If winner of election of mayor is
disqualified, the vice-mayor takes over the position of mayor.
Substitute candidate
- Only an official candidate of a registered or accredited political party can
be substituted
- A person without a valid certificate of candidacy cannot be considered a
candidate.
Second-placer can’t be proclaimed if the first-placer is disqualified
- Limited to situations where the certificate of candidacy of the first placer
was valid at the time of filing but subsequently had to be cancelled
because of a violation of law that took place, or a legal impediment that
took effect after the filing of COC.
If the COC of first-place is void ab initio, second-placer assumes office.
SECTION 45. PERMANENT VACANCIES
IN THE SANGGUNIAN
Permanent vacancies in the sanggunian where automatic succession
provided above do not apply shall be filled by appointment in the following
manner:
(1) The President, through the Executive Secretary, in the case of the
sangguniang panlalawigan and the sangguniang panlungsod of highly
urbanized cities and independent component cities;
(2) The governor, in the case of the sangguniang panlungsod of component
cities and the sangguniang bayan;
(3) The city or municipal mayor, in the case of sangguniang barangay, upon
recommendation of the sangguniang barangay concerned.
Except for the sangguniang barangay, only the nominee of the political party
under which the sanggunian member concerned had been elected and
37

whose elevation to the position next higher in rank created the last vacancy
in the sanggunian shall be appointed in the manner hereinabove provided.
The appointee shall come from the same political party as that of the
sanggunian member who caused the vacancy and shall serve the unexpired
term of the vacant office.
In the appointment herein mentioned, a nomination and a certificate of
membership of the appointee from the highest official of the political party
concerned are conditions sine qua non, and any appointment without such
nomination and certification shall be null and void ab initio and shall be a
ground for administrative action against the official responsible therefore.
In case or permanent vacancy is caused by a sanggunian member who does
not belong to any political party, the local chief executive shall, upon
recommendation of the sanggunian concerned, appoint a qualified person to
fill the vacancy.
In case of vacancy in the representation of the youth and the barangay in the
sanggunian, said vacancy shall be filled automatically by the official next in
rank of the organization concerned.
Local Chief Executive: those persons enumerated under section 45(a)(1) to
(3)
SECTION 46. TEMPORARY VACANCY IN THE
OFFICE OF THE LOCAL CHIEF EXECUTIVE
When the governor, city or municipal mayor, or punong barangay is
temporarily incapacitated to perform his duties for physical or legal reasons
such as, but not limited to, leave of absence, travel abroad, and suspension
from office, the vice-governor, city or municipal vice-mayor, or the highest
ranking sangguniang barangay member shall automatically exercise the
powers and perform the duties and functions of the local chief executive
concerned, except the power to appoint, suspend, or dismiss employees
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
which can only be exercised if the period of temporary incapacity exceeds
thirty (30) working days.
Said temporary incapacity shall terminate upon submission to the
appropriate sanggunian of a written declaration by the local chief executive
concerned that he has reported back to office. In cases where the temporary
incapacity is due to legal causes, the local chief executive concerned shall
also submit necessary documents showing that said legal causes no longer
exist.
When the incumbent local chief executive is traveling within the country but
outside his territorial jurisdiction for a period not exceeding three (3)
consecutive days, he may designate in writing the officer-in-charge of the
said office. Such authorization shall specify the powers and functions that
the local official concerned shall exercise in the absence of the local chief
executive except the power to appoint, suspend, or dismiss employees.
In the event, however, that the local chief executive concerned fails or
refuses to issue such authorization, the vice-governor, the city or municipal
vice-mayor, or the highest ranking sangguniang barangay member, as the
case may be, shall have the right to assume the powers, duties, and
functions of the said office on the fourth (4th) day of absence of the said
local chief executive, subject to the limitations provided in subsection (c)
hereof.
Except as provided above, the local chief executive shall in no case
authorize any local official to assume the powers, duties, and functions of the
office, other than the vice-governor, the city or municipal vice-mayor, or the
highest ranking sangguniang barangay member, as the case may be.
38

SECTION 47. APPROVAL OF
LEAVES OF ABSENCE
(a) Leaves of absence of local elective officials shall be approved as follows:
(1) Leaves of absence of the governor and the mayor of a highly
urbanized city or an independent component city shall be approved
by the President or his duly authorized representative;
(2) Leaves of absence of vice-governor or a city or municipal vice-
mayor shall be approved by the local chief executive concerned:
Provided, That the leaves of absence of the members of the
sanggunian and its employees shall be approved by the vice-
governor or city or municipal vice-mayor concerned;
(3) Leaves of absence of the component city or municipal mayor shall
be approved by the governor; and
(4) Leaves of absence of a punong barangay shall be approved by the
city or municipal mayor: Provided, that leaves of absence of
sangguniang barangay members shall be approved by the punong
barangay.
(b) Whenever the application for leave of absence hereinabove specified is
not acted upon within five (5) working days after receipt thereof, the
application for leave of absence shall be deemed approved.
SECTION 48. LOCAL LEGISLATIVE POWER
Local legislative power shall be exercised by the sangguniang panlalawigan
for the province; the sangguniang panlungsod for the city; the sangguniang
bayan for the municipality; and the sangguniang barangay for the barangay.
Validity of an ordinance
(1) Must be within the corporate powers of the municipal corporation to
enact
(2) Must be passed according to the procedure prescribed by law
(3) Must be consonance with principles of a substantive nature
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
Principles of Municipal Ordinance
(1) Must not contravene the Constitution or any statute
(2) Must not be unfair or oppressive
(3) Must not be partial or discriminatory
(4) Must not prohibit but may regulate trade
(5) Must be general and consistent with public policy
(6) Must not be unreasonable
Presumption of Validity – An ordinance is presumed to be valid where it
has reference to a subject matter which is within the corporate jurisdiction,
unless the contrary appears on the face of the ordinance itself.
Consistent with Law – Ordinances regulating subjects, matters, and things
on which there is a general law of the state must be in harmony with that
state law, and in any conflict between an ordinance and a statute, the latter
(statute) must prevail.
Reasonableness
(1) Ordinance is within the powers of the municipal corporation
(2) Ordinance is positive, definite, and certain in its terms
(3) Ordinance is general, uniform, and impartial in its operation
(4) Ordinance is not in restraint of trade. Oppressive or in contravention of
common rights.
Vagueness
(1) Whether the ordinance gives fair warning to those persons potentially
subject to it
(2) Whether the ordinance adequately guards against arbitrary and
discrimination.
Requisites for Certiorari
(1) Must be directed against a tribunal, board or officer exercising judicial or
quasi-judicial functions.
(2) Acted without or in excess of jurisdiction or with grave abuse of
discretion amounting lack or excess of jurisdiction
(3) No appeal
ü Sanggunian does not possess contempt or subpoena power.
39

ü Power to license valid, proper use of police power or taxation
SECTION 49. PRESIDING OFFICER
(a) The vice-governor shall be the presiding officer of the sangguniang
panlalawigan;
(b) the city vice-mayor, of the sangguniang panlungsod;
(c) the municipal vice-mayor, of the sangguniang bayan;
(d) the punong barangay, of the sangguniang barangay.
The presiding officer shall vote only to break a tie.
In the event of the inability of the regular presiding officer to preside at a
sanggunian session, the members present and constituting a quorum shall
elect from among themselves a temporary presiding officer. He shall certify
within ten (10) days from the passage of ordinances enacted and resolutions
adopted by the sanggunian in the session over which he temporarily
presided.
Presiding officer
Sangguniang panlalawigan Vice-governor
Sangguniang panlungsod Vice-mayor
Sangguniang bayan Municipal vice-mayor
Sangguniang barangay Punong barangay
SECTION 50. INTERNAL
RULES OF PROCEDURE
(a) On the first regular session following the election of its members and
within ninety (90) days thereafter, the sanggunian concerned shall adopt or
update its existing rules of procedure.
(b) The rules of procedure shall provide for the following:
(1) The organization of the sanggunian and the election of its officers as
well as the creation of standing committees which shall include, but
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
shall not be limited to, the committees on appropriations, women
and family, human rights, youth and sports development,
environmental protection, and cooperatives; the general jurisdiction
of each committee; and the election of the chairman and members
of each committee;
(2) The order and calendar of business for each session;
(3) The legislative process;
(4) The parliamentary procedures which include the conduct of
members during sessions;
(5) The discipline of members for disorderly behavior and absences
without justifiable cause for four (4) consecutive sessions, for which
they may be censured, reprimanded, or excluded from the session,
suspended for not more than sixty (60) days, or expelled: Provided,
That the penalty of suspension or expulsion shall require the
concurrence of at least two-thirds (2/3) vote of all the sanggunian
members: Provided, further, That a member convicted by final
judgment to imprisonment of at least one (1) year for any crime
involving moral turpitude shall be automatically expelled from the
sanggunian; and
(6) Such other rules as the sanggunian may adopt.
SECTION 51. FULL DISCLOSURE OF
FINANCIAL AND BUSINESS INTERESTS OF
SANGGUNIAN MEMBERS
(a) Every sanggunian member shall, upon assumption to office, make a full
disclosure of his business and financial interests, or professional relationship
or any relation by affinity or consanguinity within the fourth civil degree,
which he may have with any person, firm, or entity affected by any ordinance
or resolution under consideration by the sanggunian of which he is a
member, which relationship may result in conflict of interest. Such
relationship shall include:
(1) Ownership of stock or capital, or investment, in the entity or firm to
which the ordinance or resolution may apply; and
40

(2) Contracts or agreements with any person or entity which the
ordinance or resolution under consideration may affect.
In the absence of a specific constitutional or statutory provision applicable to
this situation, "conflict of interest" refers in general to one where it may be
reasonably deduced that a member of a sanggunian may not act in the
public interest due to some private, pecuniary, or other personal
considerations that may tend to affect his judgment to the prejudice of the
service or the public.
(b) The disclosure required under this Act shall be made in writing and
submitted to the secretary of the sanggunian or the secretary of the
committee of which he is a member. The disclosure shall, in all cases, form
part of the record of the proceedings and shall be made in the following
manner:
(1) Disclosure shall be made before the member participates in the
deliberations on the ordinance or resolution under consideration:
Provided, That, if the member did not participate during the
deliberations, the disclosure shall be made before voting on the
ordinance or resolution on second and third readings; and
(2) Disclosure shall be made when a member takes a position or makes
a privilege speech on a matter that may affect the business interest,
financial connection, or professional relationship described herein.
SECTION 52. SESSIONS
(a) On the first day of the session immediately following the election of its
members, the sanggunian shall, by resolution, fix the day, time, and place of
its regular sessions. The minimum numbers of regular sessions shall be
once a week for the sangguniang panlalawigan, sangguniang panlungsod,
and sangguniang bayan, and twice a month for the sangguniang barangay.
(b) When public interest so demands, special sessions may be called by the
local chief executive or by a majority of the members of the sanggunian.
(c) All sanggunian sessions shall be open to the public unless a closed-door
session is ordered by an affirmative vote of a majority of the members
present, there being a quorum, in the public interest or for reasons of
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
security, decency, or morality. No two (2) sessions, regular or special, may
be held in a single day.
(d) In the case of special sessions of the sanggunian, a written notice to the
members shall be served personally at the member's usual place of
residence at least twenty-four (24) hours before the special session is held.
Unless otherwise concurred in by two-thirds (2/3) vote of the sanggunian
members present, there being a quorum, no other matters may be
considered at a special session except those stated in the notice.
(e)Each sanggunian shall keep a journal and record of its proceedings which
may be published upon resolution of the sanggunian concerned.
SECTION 53. QUORUM
(a) Majority of all the members of the sanggunian who have been elected
and qualified shall constitute a quorum to transact official business. Should a
question of quorum be raised during a session, the presiding officer shall
immediately proceed to call the roll of the members and thereafter announce
the results.
(b) Where there is no quorum, the presiding officer may declare a recess
until such time as a quorum is constituted, or a majority of the members
present may adjourn from day to day and may compel the immediate
attendance of any member absent without justifiable cause by designating a
member of the sanggunian to be assisted by a member or members of the
police force assigned in the territorial jurisdiction of the local government unit
concerned, to arrest the absent member and present him at the session.
(c) If there is still no quorum despite the enforcement of the immediately
preceding subsection, no business shall be transacted. The presiding officer,
upon proper motion duly approved by the members present, shall then
declare the session adjourned for lack of quorum.
Quorum – The minimum number of members of an assembly or society that
must be present at any of its meetings to make the proceedings of that
meeting valid.
41
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

Who shall sign an ordinance which is enacted by the sangguniang

SECTION 54. APPROVAL OF ORDINANCES
barangay?
- It shall be signed by the punong barangay upon approval by the majority of
(a) Every ordinance enacted by the sangguniang panlalawigan, sangguniang
all its members
panlungsod, or sangguniang bayan shall be presented to the provincial
governor or city or municipal mayor, as the case may be. If the local chief
Resolution – An opinion which is to have only a temporary effect
executive concerned approves the same, he shall affix his signature on each
and every page thereof; otherwise, he shall veto it and return the same with
Ordinance – Is intended to permanently direct and control matters applying
his objections to the sanggunian, which may proceed to reconsider the
to persons and things in general.
same. The sanggunian concerned may override the veto of the local chief
executive by two-thirds (2/3) vote of all its members, thereby making the
ü No ordinance is valid unless and until mandatory prerequisites to its
ordinance or resolution effective for all legal intents and purposes.
enactment and promulgation are substantially observed.
ü For an enactment of a resolution, it need not go through a third reading
(b) The veto shall be communicated by the local chief executive (LCE)
for its final consideration unless decided otherwise by a majority of all
concerned to the sanggunian within fifteen (15) days in the case of a
the sanggunian members.
province, and ten (10) days in the case of a city or a municipality; otherwise,
the ordinance shall be deemed approved as if he had signed it.
How may an ordinance be cured and rendered valid?
- It may be cured by a new proceeding commencing at the point where the
(c) Ordinances enacted by the sangguniang barangay shall, upon approval
defect occurred.
by the majority of all its members, be signed by the punong barangay.
• However, a municipality cannot, by a subsequent act, validate an
unauthorized ordinance, one which is ultra vires, or beyond the scope
To whom shall an enacted ordinance be presented?
of the municipal corporation to enact.
- The provincial governor or city mayor, as the case may be.
- It may also be cured and rendered valid by statute where there is no
constitutional inhibition and where the legislature originally had power to
What shall the local chief executive do?
authorize the enactment of the ordinance and at the time of its enactment
To approve – Affix his signature on each and every page
had done so, provided that vested rights are not impaired by the curative
To veto – He shall return it with his objections
legislation.

In cases of the LCE’s veto –

What is a veto power?
- 15 days in case of a province
- It is a power which accords the LCE the discretion to sustain a resolution or
- 10 days in case of a city or municipality
ordinance in the first instance or to veto it by returning it with his objections
Otherwise, the ordinance shall be deemed approved as if the LCE signed it.
to the Sanggunian.

Can the sanggunian override the veto?

- Yes. By 2/3 vote of all of its members. This shall make the ordinance or
resolution effective.

42

SECTION 55. VETO POWER OF
THE LOCAL CHIEF EXECUTIVE
(a) The local chief executive may veto any ordinance of the sanggunian
panlalawigan, sangguniang panlungsod, or sanggunian bayan on the ground
that it is ultra vires or prejudicial to the public welfare, stating his reasons
therefor in writing.
(b) The local chief executive, except the punong barangay, shall have the
power to veto any particular item or items of an appropriations ordinance, an
ordinance or resolution adopting a local development plan and public
investment program, or an ordinance directing the payment of money or
creating liability. In such a case, the veto shall not affect the item or items
which are not objected to. The vetoed item or items shall not take effect
unless the sanggunian overrides the veto in the manner herein provided;
otherwise, the item or items in the appropriations ordinance of the previous
year corresponding to those vetoed, if any, shall be deemed reenacted.
(c) The local chief executive may veto an ordinance or resolution only once.
The sanggunian may override the veto of the local chief executive concerned
by two-thirds (2/3) vote of all its members, thereby making the ordinance
effective even without the approval of the local chief executive concerned.
Upon what ground can a LCE veto?
- When it is ultra vires or prejudicial to the public welfare.
- The LCE must state his reason/s in writing.
Who can veto?
General rule: Any LCE
Exception: Punong barangay
How many times can the LCE veto?
- Only once.
Line item veto prohibited
General rule: Line item vetoes of ordinances by the LCE are prohibited.
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
Exceptions:
(1) Appropriations ordinances;
(2) Ordinances or resolutions adopting a local development plan and
public investment program; or
(3) Ordinances directing the payment of money or creating liability.
Ultra vires – An act performed without any authority to act on the subject.
What is the effect of veto?
Entire ordinance is vetoed – The subject of the ordinance doesn’t become
effective.
Only an item is vetoed – The veto shall not affect the item/s which are not
objected to.
However, such veto may be overridden by 2/3 vote of the proper
sanggunian. In such case, it shall be effected if it had been signed by the
LCE.
SECTION 56. REVIEW OF COMPONENT CITY
AND MUNICIPAL ORDINANCES OR
RESOLUTIONS BY THE SANGGUNIANG
PANLALAWIGAN
(a) Within three (3) days after approval, the secretary to the sanggunian
panlungsod or sangguniang bayan shall forward to the sangguniang
panlalawigan for review, copies of approved ordinances and the resolutions
approving the local development plans and public investment programs
formulated by the local development councils.
(b) Within thirty (30) days after the receipt of copies of such ordinances and
resolutions, the sangguniang panlalawigan shall examine the documents or
transmit them to the provincial attorney, or if there be none, to the provincial
prosecutor for prompt examination. The provincial attorney or provincial
prosecutor shall, within a period of ten (10) days from receipt of the
documents, inform the sangguniang panlalawigan in writing of his comments
43
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

or recommendations, which may be considered by the sangguniang Examination of approved ordinances and resolutions
panlalawigan in making its decision.

(c) If the sangguniang panlalawigan finds that such an ordinance or

Within 30 days AFTER the receipt of
resolution is beyond the power conferred upon the sangguniang panlungsod the copies, the sanggunian
panlalawigan shall examine the
or sangguniang bayan concerned, it shall declare such ordinance or documents or transmit them to the
resolution invalid in whole or in part. The sangguniang panlalawigan shall provincial attorney or provincial
prosecutor
enter its action in the minutes and shall advise the corresponding city or
municipal authorities of the action it has taken.
The provincial attorney or provincial
prosecutor shall, within a period of 10
days FROM THE RECEIPT, inform
the sanggunian panlalawigan in
writing of his comments and
suggestions

(d) If no action has been taken by the sangguniang panlalawigan within thirty
(30) days after submission of such an ordinance or resolution, the same
shall be presumed consistent with law and therefore valid.
If the sanggunian panlalawigan finds
Who shall forward copies of the approved ordinances and resolutions that such ordinance or resolution is The sanggunian panlalawigan shall
beyond the power conferred upon, it enter its action in the minutes and
and how many days? shall declare such invalid in whole or shall advice action to be taken.
- The Secretary and within 3 days after approval. in part

ü This section is not applicable to independent cities.

ü The power to declare a municipal resolution or ordinance invalid on the
sole ground that it is beyond the power of the lower sanggunian or
Mayor to issue.
ü The provincial board may not invalidate an ordinance authorizing the
municipal mayor to expropriate a property on the ground that such is If no action shall be taken within 30
unnecessary. days AFTER submission of such,
such will be presumed consistent with
ü An ordinance must conform and be subordinate to the charter, and can law and thus valid.
no more change or limit the effect of the charter than a legislative act
can modify or supersede a provision of the constitution of the State.
ü The lapse of the 30-day period for the sanggunian panlalawigan to
decide does not foreclose judicial review. Neither does this section
deprive the sanggunian panlalawigan the authority to declare an
ordinance as ultra vires.
ü This is reviewable by writ of certiorari.

What court has the right to exercise judicial review?

- The Regional Trial Court

44

SECTION 57. REVIEW OF BARANGAY
ORDINANCES BY THE SANGGUNIANG
PANLUNGSOD OR SANGGUNIANG BAYAN
(a) Within ten (10) days after its enactment, the sangguniang barangay shall
furnish copies of all barangay ordinances to the sangguniang panlungsod or
sangguniang bayan concerned for review as to whether the ordinance is
consistent with law and city or municipal ordinances.
(b) If the sangguniang panlungsod or sangguniang bayan, as the case may
be, fails to take action on barangay ordinances within thirty (30) days from
receipt thereof, the same shall be deemed approved.
(c) If the sangguniang panlungsod or sangguniang bayan, as the case may
be, finds the barangay ordinances inconsistent with law or city or municipal
ordinances, the sanggunian concerned shall, within thirty (30) days from
receipt thereof, return the same with its comments and recommendations to
the sangguniang barangay concerned for adjustment, amendment, or
modification; in which case, the effectivity of the barangay ordinance is
suspended until such time as the revision called for is effected.
Review of the ordinance
- To check if it is consistent with law and other city or municipal ordinances.
- Within 10 days after its enactment.
- The sanggunian barangay shall furnish copies of the ordinances to the
sanggunian panlungsod or bayan for review.
If there is a failure to take action, what will happen?
- Within 30 days from receipt, it shall be deemed approved.
What if there is an inconsistency with any law and other city or
municipal ordinances?
- The sanggunian concerned shall, within 30 days from the receipt, return it
with its comments and recommendations.
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
What suspends the effectivity of the barangay ordinance?
- The sanggunian’s act of returning the ordinance to the sanggunian
barangay for adjustment, amendment, or modification.
What court has original jurisdiction?
- The Regional Trial Court
SECTION 58. ENFORCEMENT OF
DISAPPROVED ORDINANCES OR
RESOLUTIONS
Any attempt to enforce any ordinance or any resolution approving the local
development plan and public investment program, after the disapproval
thereof, shall be sufficient ground for the suspension or dismissal of the
official or employee concerned.
What can cause suspension or dismissal?
- Attempt to enforce any ordinance or resolution even after it is disapproved.
SECTION 59. EFFECTIVITY OF
ORDINANCES OR RESOLUTIONS
(a) Unless otherwise stated in the ordinance or the resolution approving the
local development plan and public investment program, the same shall take
effect after ten (10) days from the date a copy thereof is posted in a bulletin
board at the entrance of the provincial capitol or city, municipal, or barangay
hall, as the case may be, and in at least two (2) other conspicuous places in
the local government unit concerned.
(b) The secretary to the sanggunian concerned shall cause the posting of an
ordinance or resolution in the bulletin board at the entrance of the provincial
capitol and the city, municipal, or barangay hall in at least two (2)
conspicuous places in the local government unit concerned not later than
five (5) days after approval thereof.
45

The text of the ordinance or resolution shall be disseminated and posted in
Filipino or English and in the language understood by the majority of the
people in the local government unit concerned, and the secretary to the
sanggunian shall record such fact in a book kept for the purpose, stating the
dates of approval and posting.
(c) The gist of all ordinances with penal sanctions shall be published in a
newspaper of general circulation within the province where the local
legislative body concerned belongs. In the absence of any newspaper of
general circulation within the province, posting of such ordinances shall be
made in all municipalities and cities of the province where the sanggunian of
origin is situated.
(d) In the case of highly urbanized and independent component cities, the
main features of the ordinance or resolution duly enacted or adopted shall, in
addition to being posted, be published once in a local newspaper of general
circulation within the city: Provided, That in the absence thereof the
ordinance or resolution shall be published in any newspaper of general
circulation.
When shall an ordinance or resolution take effect?
- 10 days from the date such is posted in:
• A bulletin board at the entrance of the provincial capitol;
• City, municipal, or barangay hall, as the case may be; and
• In at least 2 conspicuous places in the LGU concerned.
Exception: Unless otherwise is stated in the ordinance or resolution.
Who has the responsibility to post it?
- The Secretary to the sanggunian concerned.
- The posting shall not be later than 5 days after the approval.
When can it be published in a newspaper?
- When it is the gist of all ordinances with penal sanctions.
Exception: In the absence of any newspaper of general circulation in the
province, it may be posted in all municipalities and cities of the province
where the sanggunian of origin is situated.
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
In cases of highly urbanized and independent component cities
- The main features of the ordinance or resolution shall not only be posted
but it must also be published in a local newspaper of general circulation
within the city.
- Absence of a local newspaper, then in any newspaper of general
circulation.
ü Publication and notice is mandatory. Failure renders them void.
ü Slight inaccuracies or departures from the prescribed mode and manner
of publication or notice, where the irregularities are not misleading, does
not render the publication, notice, or ordinance void.
SECTION 60. GROUNDS FOR
DISCIPLINARY ACTIONS
An elective local official may be disciplined, suspended, or removed from
office on any of the following grounds:
(a) Disloyalty to the Republic of the Philippines;
(b) Culpable violation of the Constitution;
(c) Dishonesty, oppression, misconduct in office, gross negligence, or
dereliction of duty;
(d) Commission of any offense involving moral turpitude or an offense
punishable by at least prison mayor;
(e) Abuse of authority;
(f) Unauthorized absence for fifteen (15) consecutive working days,
except in the case of members of the sangguniang Panlalawigan,
sangguniang panlungsod, sangguniang bayan, and sangguniang
barangay;
(g) Application for, or acquisition of, foreign citizenship or residence or
the status of an immigrant of another country; and
(h) Such other grounds as may be provided in this Code and other
laws.
An elective official may be removed from office on the grounds enumerated
above by order of the proper court.
46
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

Moral turpitude – An act of baseness, vileness, or depravity in the private
duties which a man owes his fellow men, or to society in general, contrary to
the accepted and customary rule of right and duty between man and woman
or conduct contrary to justice, honesty, modesty, or good morals.
What is the effect of desistance on disciplinary actions?
- It does not preclude or bar the taking of disciplinary action against an
officer or employee. Neither does it warrant the dismissal of the
administrative case against him; nor does it dissuade the court from
imposing appropriate disciplinary or corrective sanction.
- Proceedings in such case should not be made to depend on the whims
(a) A complaint against any elective official of a province, a highly
urbanized city, an independent component city, or component city
shall be filed before the Office of the President;
(b) A complaint against any elective official of a municipality shall be
filed before the sangguniang Panlalawigan whose decision may be
appealed to the Office of the President;
(c) A complaint against any elective barangay official shall be filed
before the sangguniang panlungsod or sangguniang bayan
concerned whose decision shall be final and executory.
Complaint filed against:

What is the effect of re-election of a Local Effective Official?

- A public official cannot be removed for administrative misconduct
committed during a prior term since his re-election to office operates as a Filed before the Office of the
President if the complaint is against:
condonation of the officer’s previous misconduct.
- However, re-election of public official does not extinguish the criminal
liability incurred by him in his previous term of office.
An official of a An official of an
An official of a highly urbanized An official of a
ü The law on suspension or removal of elective public officials must be province independent component city
city component city
strictly construed and applied, and the authority in whom such power of
suspension or removal is vested.
ü Intended as a check against any capriciousness or partisan activity by
the disciplining authority.
A complaint against ANY
ü The removal of an elective local official be done only after a trial before
elective official of a municipality
the appropriate court, and such removal not only punishes the official Filed before the
concerned the official concerned but also, in effect, deprives the Sangguniang
Panlalawigan
electorate of the services of the official for whom they voted. Can be appealed to the Office
of the President

SECTION 61. FORM AND FILING OF

ADMINISTRATIVE COMPLAINTS
A complaint against ANY
A verified complaint against any erring local elective official shall be barangay official
Filed before the
prepared as follows:
Sangguniang
Panglungsod or Bayan
Decision shall be final and
executory

47
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

Substantial evidence – Amount of relevant evidence which a reasonable Where to file?

mind might accept as adequate to support a conclusion. Sanggunian Panlalawigan.
A complaint against any elective
What is the required verification? official of a municipality Can it be appealed?
- Formal. Yes. It may be appealed to the
- The court may order correction of the pleading or act on the unverified Office of the President.
pleading or act on the unverified pleading if the attending circumstances are - Investigation within 90 days
such that a strict compliance with the rule may be dispensed with in order immediately prior to any local
that justice may be served. What cannot be done? election.
- Preventive suspension within such
SECTION 62. NOTICE OF HEARING period.
What if preventive suspension It shall be deemed automatically
has been imposed? lifted upon the start of the aforesaid
(a) Within seven (7) days after the administrative complaint is filed, the Office
period (90 days immediately
of the President or the sanggunian concerned, as the case may be, shall
preceding local election)
require the respondent to submit his verified answer within fifteen (15) days
from receipt thereof, and commence the investigation of the case within ten
(10) days after receipt of such answer of the respondent. SECTION 63. PREVENTIVE SUSPENSION
(b) A complaint against any elective official of a municipality shall be filed (a) Preventive suspension may be imposed:
before the sangguniang panlalawigan whose decision may be appealed to (1) By the President, if the respondent is an elective official of a
the Office of the President; and province, a highly urbanized or an independent component city;
(2) By the governor, if the respondent is an elective official of a
(c) However, no investigation shall be held within ninety (90) days component city or municipality; or
immediately prior to any local election, and no preventive suspension shall (3) By the mayor, if the respondent is an elective official of the
be imposed within the said period. If preventive suspension has been barangay.
imposed prior to the 90-day period immediately preceding local election, it
shall be deemed automatically lifted upon the start of aforesaid period. (b) Preventive suspension may be imposed at any time after the issues are
joined, when the evidence of guilt is strong, and given the gravity of the
Office of the President or offense, there is great probability that the continuance in office of the
Sanggunian concerned shall require respondent could influence the witnesses or pose a threat to the safety and
the respondent to: integrity of the records and other evidence: Provided, that, any single
Within 7 days after the - Submit verified answer preventive suspension of local elective officials shall not extend beyond sixty
administrative complaint is filed - Within 15 days from the receipt (60) days: Provided, further, that in the event that several administrative
- Investigation shall commence cases are filed against an elective official, he cannot be preventively
within 10 days after the receipt of the suspended for more than ninety (90) days within a single year on the same
respondent’s answer. ground or grounds existing and known at the time of the first suspension.

48

(c) Upon expiration of the preventive suspension, the suspended elective
official shall be deemed reinstated in office without prejudice to the
continuation of the proceedings against him, which shall be terminated within
one hundred twenty (120) days from the time he was formally notified of the
case against him. However, if the delay in the proceedings of the case is due
to his fault, negligence, or request, other than the appeal duty filed, the
duration of such delay shall not be counted in computing the time of
termination of the case.
(d) Any abuse of the exercise of the power of preventive suspension shall be
penalized as abuse of authority.
Who may impose preventive suspension?
President – If the respondent is an elective official of a province, a highly
urbanized, or an independent component city.
Governor – If the respondent is an elective official of a component city or
municipality.
Mayor – If the respondent is an elective official of the barangay.
When may a preventive suspension be imposed?
- Any time after the issues are joined.
- When the evidence of guilty is strong.
- There is a great probability that the continuance in office of the respondent
could influence the witnesses or pose a threat to the safety and integrity of
the accords of other evidence.
When may the issues be joined?
- When the complaint has been answered and there are no longer any
substantial preliminary issues that remain to be threshed out.
- Failure to file answer is deemed a waiver of her right to file an answer and
present evidence.
How long could it take?
Single preventive order – Not more than 60 days.
Several administrative cases are ordered – Cannot be preventively
suspended for more than ninety (90) days within a single year on the same
ground or grounds existing and known at the time of the first suspension.
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
Can a preventive suspension expire? What happens to the official?
- Yes. The suspended elective official shall be deemed reinstated in office
without prejudice to the continuation of the proceedings against him. Such
proceeding shall be terminated within 120 days from the time he was
formally notified of the case against him.
What if the delay is the respondent’s fault, negligence, or request?
- Duration of such delay shall not be counted in computing the time of the
termination of the case.
Abuse of authority – Any abuse of the exercise of the power of preventive
suspension.
What is the purpose of a preventive suspension?
- It is to prevent the officer or employee from using the position, power, and
prerogatives of his office to:
• Intimidate or influence potential witnesses; or
• Destroy or tamper with records which may be vital in the prosecution
of the case against him.
Preventive suspensions by the Ombudsman
- The Ombudsman may impose preventive suspensions.
Requisites:
• The evidence of guilt is strong;
• Any of the following circumstances are present:
o The charge against such officer or employee involves
dishonesty, oppression, or grave misconduct, or neglect in the
performance in the duty;
o The charges would warrant removal from the service; or
o The respondent’s continued stay in office may prejudice the case
filed against him.
- Can impose the 6-month preventive suspension on all public officials,
whether elective or appointive, who are under investigation.
49

Preventive suspensions imposed by courts
- Must not exceed 90 days
- Imposition is mandatory upon the filing of a valid information
- The validity of the information is determined at a pre-suspension hearing
SECTION 64. SALARY OF
RESPONDENT PENDING SUSPENSION
The respondent official preventively suspended from office shall receive no
salary or compensation during such suspension; but, upon subsequent
exoneration and reinstatement, he shall be paid full salary or compensation
including such emoluments accruing during such suspension.
Can the official under preventive suspension receive salary or
compensation?
No.
When can it be paid?
- Upon subsequent exoneration and reinstatement.
ü Preventive suspension pending investigation is not a penalty but only a
means of enabling the disciplining authority to conduct an unhampered
investigation.
SECTION 65. RIGHTS OF RESPONDENT
The respondent shall be accorded full opportunity to appear and defend
himself in person or by counsel, to confront and cross-examine the
witnesses against him, and to require the attendance of witnesses and the
production of documentary evidence in his favor through the compulsory
process of subpoena or subpoena duces tecum.
What are the rights accorded to the respondent?
- Full opportunity to appear and defend himself in person or by counsel;
- To confront and cross-examine the witnesses against him; and
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
- To require the attendance of witnesses and the production of documentary
evidence in his favor.
ü Derogation individual rights, the law cannot be liberally construed to
have impliedly granted such powers.
ü The disciplinary authority may invoke the aid of the Regional Trial Court
within whose jurisdiction the contested case being heard falls to punish.
SECTION 66. FORM AND
NOTICE OF DECISION
(a) The investigation of the case shall be terminated within ninety (90) days
from the start thereof. Within thirty (30) days after the end of the
investigation, the Office of the President or the sanggunian concerned shall
render a decision in writing stating clearly and distinctly the facts and the
reasons for such decision. Copies of said decision shall immediately be
furnished the respondent and all interested parties.
(b) The penalty of suspension shall not exceed the unexpired term of the
respondent or a period of six (6) months for every administrative offense, nor
shall said penalty be a bar to the candidacy of the respondent so suspend as
long as he meets the qualifications required for office.
(c) The penalty for removal from office as a result of an administrative
investigation shall be considered a bar to the candidacy of the respondent
for any elective position.
When can an investigation be terminated?
- Within 90 days from the start thereof.
When can a decision be rendered?
- Within 30 days after the end of the investigation
- By the: Office of the President; or the Sanggunian concerned.
- In writing.
- Copies shall be furnished to all interested parties.
50

The penalty shall not exceed?
- The unexpired term of the respondent;
- The period of 6 months for every administrative offense; or
- Bar the candidacy of the respondent.
But when can it be a bar to the candidacy?
- When the penalty for removal from office is the result of an administrative
investigation.
SECTION 67. ADMINISTRATIVE APPEALS
Decisions in administrative cases may, within thirty (30) days from receipt
thereof, be appealed to the following:
(a) The sangguniang panlalawigan, in the case of decisions of the
sangguniang panlungsod of component cities and the sanggunian
bayan;
(b) The Office of the President, in the case of decisions of the
sanggunian panlalawigan and the sanggunian panlungsod of highly
urbanized cities and independent component cities.
Decisions of the Office of the President shall be final and executory.
Where to appeal?
Sangguniang panlalawigan – Decisions of the Sangguniang Panglungsod
of component cities and the Sanggunian Bayan
Office of the President – Decisions of the Sangguniang panlalawigan and
Sanggunian panlungsod of highly urbanized cities and independent
component cities.
When will it be held final and executory?
- When it is already decided by the Office of the President.
SECTION 68. EXECUTION PENDING APPEAL
An appeal shall not prevent a decision from becoming final or executory. The
respondent shall be considered as having been placed under preventive
suspension during the pendency of an appeal in the event he wins such
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
appeal. In the event the appeal results in an exoneration, he shall be paid his
salary and such other emoluments during the pendency of the appeal.
Can an appeal prevent a decision from becoming final or executory?
No.
During the appeal, the respondent is considered?
- Under preventive suspension.
If the appeal results in an exoneration?
- The respondent shall be paid his salary and other emoluments during the
pendency of the appeal.
SECTION 69. BY WHOM EXERCISED
The power of recall for loss of confidence shall be exercised by the
registered voters of a local government unit to which the local elective official
subject to such recall belongs.
Recall – A procedure by which voters can remove an elected official from
office through a direct vote before that official’s term has ended.
Who can exercise such right?
- Registered voters of a LGU where such Local Elective Official belongs.
ü A public officer cannot be deprived of his office without due process of
law. Although public office is not a property, per se, it is nevertheless a
protected right.
ü The right to recall is complementary to the right to elect or appoint.
ü The right to recall is based on the theory that the electorate must
maintain a direct and elastic control.
Loss of confidence – The formal withdrawal by an electorate of their trust in
a person’s ability to discharge his office previously bestowed on him by the
same electorate.
51

SECTION 70. INITIATION OF
THE RECALL PROCESS
(a) The recall of any elective provincial, city, municipal, or barangay official
shall be commenced by a petition of a registered voter in the LGU concerned
and supported by the registered voters in the LGU concerned during the
election in which the local official sought to be recalled was elected subject
to the following percentage requirements:
(1) At least 25% in the case of LGUs with a voting population of not more
than 20,000.
(2) At least 20% in the case of LGUs with a voting population of at least
20,000, but not more than 75,000: Provided, that, in no case shall the
required petitioners be less than 5,000.
(3) At least 15% in the case of LGUs with a voting population of at least
75,000, but not more than 300,000: Provided, however, that in no case
shall the required number of petitioners be less than 15,000.
(4) At least 10% in the case of LGUs with a voting population of over
300,000: Provided, however, that in no case shall the required
petitioners be less than 45,000.
(b) The process of recall shall be effected in accordance with the following
procedure:
(1) A written petition for recall duty signed by the representatives of the
petitioners before the election registrar or his representative, shall be
filled with the COMELEC through its office in the LGU concerned.
(2) The petition to recall shall contain the following:
a. The names and addresses if the petitioners written in legible
form and their signatures;
b. The barangay, city, or municipality, local legislative district and
the province to which the petitioners belong;
c. The name of the official sought to be recalled; and
d. A brief narration of the reasons and justifications therefor.
(3) The COMELEC shall, within 15 days from the filing of the petition,
certify to the sufficiency of the required number of signatures. Failure
to obtain the required number of signature automatically nullifies the
petition.
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
(4) If the person is found to be in sufficient form, the COMELEC or its duly
authorized representative shall, within 3 days from the issuance of the
certification, provide the official sought to be recalled a copy of the
petition, cause its publication in a national newspaper of general
circulation and a newspaper of general circulation in the locality, once
a week for 3 consecutive weeks at the expense of the petitioners and
at the same time post copies thereof in public and conspicuous places
for a period of not less than 10 days nor more than 20 days, for the
purpose of allowing interested parties to examine and verify the
validity of the petition and the authenticity of the signatures contained
therein.
(5) The COMELEC or its duly authorized representatives shall, upon
issuance of certification, proceed independently with the verification
and authentication of the signatures of the petitioners and registered
voters contained therein. Representatives of the petitioners and the
official sought to be recalled shall be duly notified and shall have the
right to participate therein as mere observers. The filing of any
challenge or protest shall be allowed within the period provided in the
immediately preceding paragraph and shall be ruled upon with finality
within 15 days from the date of filing of such protest or challenge.
(6) Upon the lapse of the aforesaid period, the COMELEC or its duly
authorized representative shall announce the acceptance of
candidates to the position and thereafter prepare the list of candidates
which shall include the name of the official sought to be recalled.
How can a recall be commenced? By a petition of a (1) registered voter in
the LGU concerned; and supported by (2) registered voters in the LGU
concerned during the election in which the local official sought to be recalled
was elected.
At least 25% LGU with a voting population of not more than 20,000.
LGU with a voting population of at least 20,000, but not
more than 75,000.
At least 20%
No case shall the required number of petitioners be less
than 5,000.
LGU with a voting population of at least 75,000, but not
At least 15%
more than 300,000.
52
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

ü The barangay, city, or municipality, local legislative district and the

No case shall the required number of petitioners be less
than 15,000.
LGUs with a voting population of over 300,000.
At least 10%
No case shall the required petitioners be less than 45,000.
province to which the petitioners belong.
ü Reasons and justifications of the recall.
Is COMELEC the sole authority?
No. The law says, COMELEC or its duly authorized representatives.

Process of recall SECTION 71. ELECTION ON RECALL

COMELEC - within 15
days from the filing certify Upon the filing of a valid resolution or petition for recall with the appropriate
Representatives Such petition the sufficiency of the
of the petitioners shall then be signatures. local office of the COMELEC, the Commission or its duly authorized
must sign a filed with the
written petition COMELEC • Failure to obtain the representative shall set the date of the election on recall, which shall not be
for recall before through its office required number of
the election in the LGU signatures automatically later than thirty (30) days after the filing of the resolution or petition for recall
registrar. concerned. nullifies the petition.
in the case of the barangay, city, or municipal officials and forty-five (45)
days in the case of provincial officials. The 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
If the petition is
entitled to be voted upon.
Representatives
of the petitioners sufficient - COMELEC,
and the official COMELEC - within 3 days from the
shall be duly proceed with the issuance of the
notified and verification and certification provide: Commissoner
authentication of
have the right to the signatures. • Copy of the petition or
participate as • Cause its publication representative
observers. Official/s recalled
Filing of a valid shall set a date shall be
resolution or for the election automatically
petition for recall recall
with a local considered as
COMELEC office • 30 days - duly registered
barangay, city, or candidate/s
municipal officials
Filing any COMELEC then • 45 days -
challenge or Finality shall be Upon the lapse will prepare a list provincial officials
protest shall ruled within 15 of such period, of candidates,
be allowed days from the COMELEC shall which shall
within the date of filing of announce the include the
period such protest or acceptance of name of the
challenge. the candidates. official sought to
provided. be recalled. SECTION 72. EFFECTIVITY OF RECALL
The recall of an elective local official shall be effective only upon the election
Requirements for the petition to recall – and proclamation of a successor in the person of the candidate receiving the
ü Names, addresses, and signatures of the petitioners. highest number of votes cast during the election on recall. Should the official
ü Name of the official sought to be recalled. sought to be recalled receive the highest number of votes, confidence in him
ü Must be written in legible form. is thereby affirmed, and he shall continue in office.

53
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

When is it effective?
SECTION 77. RESPONSIBILITY FOR HUMAN
- Only upon the election and proclamation of a successor
• Highest number of votes RESOURCES AND DEVELOPMENT
• Cast during the election on recall
The chief executive of every local government unit shall be responsible for
Can the one being recalled continue office? human resources and development in his unit and shall take all personnel
- Yes, but only if he receive the highest of votes. actions in accordance with the Constitutional provisions on civil service,
pertinent laws, and rules and regulations thereon, including such policies,
SECTION 73. PROHIBITION guidelines and standards as the Civil Service Commission may establish:
Provided, That the local chief executive may employ emergency or casual
FROM RESIGNATION employees or laborers paid on a daily wage or piecework basis and hired
through job orders for local projects authorized by the sanggunian
The elective local official sought to be recalled shall not be allowed to resign concerned, without need of approval or attestation by the Civil Service
while the recall process is in progress. Commission: Provided, further, That the period of employment of emergency
or casual laborers as provided in this Section shall not exceed six (6)
Can the elective local official resign during the process? months.
No.
Who shall be responsible for HR and development in his unit?
- The Local Chief Executive of such LGU.
SECTION 74. LIMITATION ON RECALL
Can the LCE employ emergency or casual employees?
(a) Any elective local official may be the subject of a recall election only once
- Yes. Such emergency or casual employees may be paid on a daily wage or
during his term of office for loss of confidence.
piece-work basis. They may also be hired through job orders for local
projects authorized by the sanggunian without any approval or attestation
(b) No recall shall take place within one (1) year from the date of the official's
from the Civil Service Commission.
assumption to office or one (1) year immediately preceding a regular local
- However, employment shall not exceed six (6) months.
election.
Who are workers paid on a piece-rate basis?
Can an elective local official be subjected to a recall more than once?
- Those who are paid a standard amount for every piece or unit of work
No.
produced that is more or less regularly replicated, without regard to the time
spent in producing the same.
How many years?
- No recall shall take place within 1 year from:
• Assumption of office; or
• Immediately preceding a regular local election.

54

SECTION 78. CIVIL SERVICE LAW,
RULES AND REGULATIONS, AND
OTHER RELATED ISSUANCES
All matters pertinent to human resources and development in local
government units shall be governed by the civil service law and such rules
and regulations and other issuances promulgated pursuant thereto, unless
otherwise specified in this Code.
General rule: All matters pertinent to human resources and development in
LGUs shall be governed by:
- The Civil Service Law;
- Rules and regulations, and other issuances
Exception: Unless there is something else specified.
Resignation – The act of giving up or the act of an officer by which he
declines his office and renounces the right to further use it.
Requisites:
(1) Intent to relinquish a part of the term;
(2) Act of relinquishment; and
(3) Acceptance by proper authority.
ü Relinquishment may also be thru voluntary abandonment.
Abandonment – It is the voluntary relinquishment of an office by the holder
with the intention of terminating his position and control thereof.
Requisites:
(1) There must be an intent to abandon; and
(2) An overt act.
ü The Civil Service Commission (CSC) has the authority to revoke or
cancel an appointment to a civil service position after the Regional
Office approves the same and the appointee has assumed office.
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
ü The CSC has the power to “hear and decide administrative cases
instituted before it directly or on appeal, including contested
appointments, and review decisions and actions of its agencies and of
the agencies attached to it.”
ü An appointee may be recalled for “violation of other existing Civil
Service laws, rules and regulations.”
ü If an employee has been continually absent for 30 days without
approved leave, no prior notice is needed to drop him from the roll.
Subject to notice and hearing.
ü Judicial review of CSC decisions shall be heard by the Court of Appeals
via appeal 15 days after the notice of denial of the motion for
reconsideration duly filed in accordance with the governing law of the
court or agency a quo.
SECTION 79. LIMITATION TO
APPOINTMENTS
No person shall be appointed in the career service of the local government if
he is related within the fourth civil degree of consanguinity or affinity to the
appointing or recommending authority.
Who cannot be appointed?
- A person related within the fourth civil degree of consanguinity or affinity to
the appointing or recommending authority.
ü A conclusion of law is a determination by judgment or ruling authority
regarding the law that applies in a particular case.
ü A narration of facts an accounting or description of the particulars of an
event or occurrence.
Permanent employees employed by local government units are
required to file the following:
(1) Sworn statement of assets, liabilities and net worth (SALN);
(2) List of relatives within the 4th civil degree of affinity or consanguinity in
government service;
(3) Financial and business interest; and
55

(4) Personal data sheets.
SECTION 80. PUBLIC NOTICE OF VACANCY;
PERSONNEL SELECTION BOARD
(a) Whenever a local executive decides to fill a vacant career position, there
shall be posted notices of the vacancy in at least three (3) conspicuous
public places in the local government unit concerned for a period of not less
than fifteen (15) days.
(b) There shall be established in every province, city or municipality a
personnel selection board to assist the local chief executive in the judicious
and objective selection or personnel for employment as well as for
promotion, and in the formulation of such policies as would contribute to
employee welfare.
(c) The personnel selection board shall be headed by the local chief
executive, and its members shall be determined by resolution of the
sanggunian concerned. A representative of the Civil Service Commission, if
any, and the personnel officer of the local government unit concerned shall
be ex officio members of the board.
Local executive decides to fill a vacant career position –
- Post notices of the vacancy;
- At least 2 conspicuous public places in the LGU;
- For a period, not less than 15 days.
Who shall formulate policies for employee welfare and selection of
personnel for employment and promotion?
- The Personnel Selection Board
- Such shall be established in every province, city, or municipality.
Who are the members of the PSB?
- It is headed by the local chief executive.
- Members shall be determined by resolution of the sanggunian concerned.
- A representative of the Civil Service Commission, if any.
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
- Personnel officer of the LGU concerned.
SECTION 81. COMPENSATION OF
LOCAL OFFICIALS AND EMPLOYEES
The compensation of local officials and personnel shall be determined by the
sanggunian concerned: Provided, That the increase in compensation of
elective local officials shall take effect only after the terms of office of those
approving such increase shall have expired: Provided, further, That the
increase in compensation of the appointive officials and employees shall
take effect as provided in the ordinance authorizing such increase: Provided,
however, That said increases shall not exceed the limitations on budgetary
allocations for personal services provided under Title Five, Book II of this
Code: Provided, finally, That such compensation may be based upon the
pertinent provisions of Republic Act Numbered Sixty-seven fifty-eight (R.A.
No 6758), otherwise known as the "Compensation and Position
Classification Act of 1989".
The punong barangay, the sangguniang barangay member, the
sangguniang kabataan chairman, the barangay treasurer, and the barangay
secretary shall be entitled to such compensation, allowances, emoluments,
and such other privileges as provided under Title One Book III of this Code.
Elective local officials shall be entitled to the same leave privileges as those
enjoyed by appointive local officials, including the cumulation and
commutation thereof.
Who shall determine the compensation?
- The Sanggunian concerned.
If there is an increase, when shall it effect?
- After the terms of office of those approving such increased have expired.
- It shall take effect as provided in the ordinance authorizing it.
ü Increases shall not exceed the limitations on budgetary allocations.
56
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

Who shall furnish the copies?

SECTION 82. RESIGNATION OF
- Copies of resignation letters shall be furnished by the DILG.
ELECTIVE LOCAL OFFICIALS - This must also be in writing.

(a) Resignations by elective local officials shall be deemed effective only When is the resignation deemed accepted?
upon acceptance by the following authorities: - If not acted upon by the authority concerned within 15 days from receipt.
(1) The President, in the case of governors, vice-governors, and mayors - Irrevocable resignations by sanggunian members before an open session.
and vice-mayors of highly urbanized cities and independent
component cities; SECTION 83. GRIEVANCE PROCEDURE
(2) The governor, in the case of municipal mayors, municipal vice-mayors,
city mayors and city vice-mayors of component cities;
In every LGU, the local chief executive shall establish a procedure to inquire
(3) The sanggunian concerned, in the case of sanggunian members; and
into, act upon, resolve or settle complaints and grievances presented by
(4) The city or municipal mayor, in the case of barangay officials.
local government employees.

(b) Copies of the resignation letters of elective local officials, together with
Who shall establish the procedure?
the action taken by the aforesaid authorities, shall be furnished by the
- The local chief executive.
Department of the Interior and Local Government.
What is this procedure for?
(c) The resignation shall be deemed accepted if not acted upon by the
- Such will be established to inquire into, act upon, resolve or settle
authority concerned within fifteen (15) days from receipt thereof.
complaints and grievances.

(d) Irrevocable resignations by sanggunian members shall be deemed

Who can file?
accepted upon presentation before an open session of the sanggunian
- It shall be presented by local government employees.
concerned and duly entered in its records: Provided, however, That this
subsection does not apply to sanggunian members who are subject to recall
elections or to cases where existing laws prescribed the manner of acting SECTION 84. ADMINISTRATIVE DISCIPLINE
upon such resignations.
Investigation and adjudication of administrative complaints against
When is resignation deemed effective? appointive local officials and employees as well as their suspension and
Once it is accepted by: removal shall be in accordance with the civil service law and rules and other
The President – In cases of governors, vice-governors, mayors, and vice- pertinent laws. The results of such administrative investigations shall be
mayors of highly urbanized cities and independent component cities. reported to the Civil Service Commission.
The Governor – Municipal mayors and vice-mayors, city mayors and vice-
mayors of component cities. What rule shall be applied?
The Sanggunian concerned – Sanggunian members. - Civil Service Law
The city or municipal mayor – Barangay officials. - Other rules and pertinent laws

57

Where shall the results be reported to?
- The Civil Service Commission
SECTION 85. PREVENTIVE SUSPENSION
OF APPOINTIVE LOCAL OFFICIALS
AND EMPLOYEES
(a) The local chief executives may preventively suspend for a period not
exceeding sixty (60) days and subordinate official or employee under his
authority pending investigation if the charge against such official or
employee involves dishonesty, oppression or grave misconduct or neglect in
the performance of duty, or if there is reason to believe that the respondent
is guilty of the charges which would warrant his removal from the service.
(b) Upon expiration of the preventive suspension, the suspended official or
employee shall be automatically reinstated in office without prejudice to the
continuation of the administrative proceedings against him until its
termination. If the delay in the proceedings of the case is due to the fault,
neglect or request of the respondent, the time of the delay shall not be
counted in computing the period of suspension herein provided.
Who has the power to suspend?
- The local chief executive.
For how long?
- A period not exceeding 60 days.
Can an official or employee be reinstated?
Yes. Upon expiration of the preventive suspension, such can be reinstated
without prejudice to the continuation of the administrative proceedings
against him until his termination.
The Ombudsman and his deputies may impose preventive suspension:
• If the evidence of guilt is strong;
• If any of the following circumstances are present:
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
o The charge against such officer or employee involves dishonesty,
oppression, or grave misconduct or neglect in the performance of his
duties;
o The charges would warrant removal from service; or
o The respondent’s continued stay in office would prejudice the case
against him.
ü A preventive suspension is not a penalty, but a preliminary step in an
administrative case. Thus, it may be brought before or after charges are
filed.
Types of preventive suspension:
ü Preventive suspension pending investigation – Not a penalty, but a
means to conduct an unhampered investigation.
ü Preventive suspension pending appeal – Punitive, but would be
considered illegal if exonerated; and thus, would warrant payment of
back wages.
SECTION 86. ADMINISTRATIVE
INVESTIGATION
In any local government unit, administrative investigation may be conducted
by a person or a committee duly authorized by the local chief executive. Said
person or committee shall conduct hearings on the cases brought against
appointive local officials and employees and submit their findings and
recommendations to the local chief executive concerned within fifteen (15)
days from the conclusion of the hearings. The administrative cases herein
mentioned shall be decided within ninety (90) days from the time the
respondent is formally notified of the charges.
Who can investigate?
- A person or committee duly authorized by the local chief executive.
58
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

Procedure – Can it be appealed?

Yes. To the Civil Service Commission if the penalty imposed is heavier than
suspension of 30 days. Such shall be decided within 30 days from the
Decided
receipt.
Submit findings and upon within
recommendations to 90 days
the local chief
Hearings on
the cases
Conclusion
of hearings executive within 15
days from the
from the
time the SECTION 88. EXECUTION PENDING APPEAL
conclusion of respondent
hearings is formally
notified. An appeal shall not prevent the execution of a decision of removal or
suspension of a respondent-appellant. In case the respondent-appellant is
exonerated, he shall be reinstated to his position with all the rights and
privileges appurtenant thereto from the time he had been deprived thereof.

SECTION 87. DISCIPLINARY JURISDICTION
Except as otherwise provided by law, the local chief executive may impose
the penalty of removal from service, demotion in rank, suspension for not
more than one (1) year without pay, fine in an amount not exceeding six (6)
months of salary, or reprimand and otherwise discipline subordinate officials
and employees under his jurisdiction. If the penalty imposed is suspension
without pay for not more than thirty (30) days, his decision shall be final. If
the penalty imposed is heavier than suspension of thirty (30) days, the
decision shall be appealable to the Civil Service Commission, which shall
decide the appeal within thirty (30) days from receipt thereof.
Who can investigate and decide?
- The local chief executive.
General rule: The local chief executive may impose the penalty for:
- Removal from service;
- Demotion in rank;
- Suspension for not more than 1 year w/o pay;
- Fine in an amount not exceeding 6 months of salary; and
- Reprimand and otherwise discipline subordinate officials and employees
under his jurisdiction.
Exception: If it is otherwise provided by law.
Can an appeal prevent execution of a decision of removal or
suspension?
No. The respondent shall only be exonerated.
Can he be reinstated?
Yes even with all the rights and privileges from the time he had been
deprived of it.
SECTION 89. PROHIBITED BUSINESS AND
PECUNIARY INTEREST
(a) It shall be unlawful for any local government official or employee, directly
or indirectly, to:
(1) Engage in any business transaction with the local government unit
in which he is an official or employee or over which he has the
power of supervision, or with any of its authorized boards, officials,
agents, or attorneys, whereby money is to be paid, or property or
any other thing of value is to be transferred, directly or indirectly,
out of the resources of the local government unit to such person or
firm;
(2) Hold such interests in any cockpit or other games licensed by a
local government unit;

59

(3) Purchase any real estate or other property forfeited in favor of such
local government unit for unpaid taxes or assessment, or by virtue
of a legal process at the instance of the said local government unit;
(4) Be a surety for any person contracting or doing business with the
local government unit for which a surety is required; and
(5) Possess or use any public property of the local government unit for
private purposes.
(b) All other prohibitions governing the conduct of national public officers
relating to prohibited business and pecuniary interest so provided for under
Republic Act Numbered Sixty-seven thirteen (R.A. No. 6713) otherwise
known as the "Code of Conduct and Ethical Standards for Public Officials
and Employees" and other laws shall also be applicable to local government
officials and employees.
ü Penalty for this violation is imprisonment for 6 months and one day to
six years or a fine of Php 3,000 – 10,000, or both.
ü The prohibited interest extends to the conjugal partnership of gains.
ü Article 160 of the Civil Code provides that all property of the marriage
shall belong to the conjugal partnership; and, art 143 provides that such
shall belong in common to the husband and wife.
SECTION 90. PRACTICE OF PROFESSION
(a) All governors, city and municipal mayors are prohibited from practicing
their profession or engaging in any occupation other than the exercise of
their functions as local chief executives.
(b) Sanggunian members may practice their professions, engage in any
occupation, or teach in schools except during session hours: Provided, that
sanggunian members who are also members of the Bar shall not:
(1) Appear as counsel before any court in any civil case wherein a local
government unit or any office, agency, or instrumentality of the
government is the adverse party;
(2) Appear as counsel in any criminal case wherein an officer or
employee of the national or local government is accused of an offense
committed in relation to his office.
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
(3) Collect any fee for their appearance in administrative proceedings
involving the local government unit of which he is an official; and
(4) Use property and personnel of the government except when the
sanggunian member concerned is defending the interest of the
government.
(c) Doctors of medicine may practice their profession even during official
hours of work only on occasions of emergency: Provided, That the officials
concerned do not derive monetary compensation therefrom.
ü Sanggunian is allowed to practice profession, unlike governors, because
the sangguniang’s regular session is only held once a week. The
position of governor, on the other hand, is considered a full-time job.
Profession – It is a principal calling, vocation, or employment.
Conflict of interest – It is where the interest of the LGU which the official is
connected are opposed to the interests of the person who obtains his
services.
What if the local elective official is a doctor of medicine?
- Such can practice, however, only during times of emergency and they do
not derive monetary compensation for it.
Practice of profession by provincial governors, city and municipal
mayor. Department of Interior and Local Government Memorandum
Circular No. 90-81 provides:
Conformably with the foregoing, the following guidelines are to be observed
in the grant of permission to the practice of profession and to the acceptance
of private employment of local elective officials, to wit:
(1) The permission shall be granted by the Secretary of Local
Government;
(2) Provincial Governors, City and Municipal Mayors whose duties and
responsibilities require that their entire time be at the disposal of the
government in conformity with Sections 141, 171 and 203 of the Local
Government Code (BP 337), are prohibited to engage in the practice
60
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

of their profession and to accept private employment during their

SECTION 92. OATH OF OFFICE
incumbency:
(3) Other local elective officials may be allowed to practice their
All elective and appointive local officials and employees shall, upon
profession or engage in private employment on a limited basis at the
assumption to office, subscribe to an oath or affirmation of office in the
discretion of the Secretary of Local Government, subject to existing
prescribed form. The oath or affirmation of office shall be filed with the office
laws and to the following conditions:
of the local chief executive concerned. A copy of the oath or affirmation of
(4) That the time so devoted outside of office hours should be fixed by the
office of all elective and appointive local officials and employees shall be
local chief executive concerned to the end that it will not impair in any
preserved in the individual personal records file under the custody of the
way the efficiency of the officials concerned;
personnel office, division, or section of the local government unit concerned.
(5) That no government time, personnel, funds or supplies shall be
utilized in the pursuit of one's profession or private employment;
Is the oath of office required?
(6) That no conflict of interests between the practice of profession or
Yes. It is done upon assumption of office, and in a prescribed form.
engagement in private employment and the official duties of the
concerned official shall arise thereby;
Where or to whom shall the oath or affirmation be filed?
(7) Such other conditions that the Secretary deems necessary to impose
- It shall be file with the local chief executive concerned.
on each particular case, in the interest of public service.

Should a copy be given?

SECTION 91. STATEMENT OF Yes. It shall be preserved in the individual personal records under the
custody of the personnel office, division, or section of the LGU concerned.
ASSETS AND LIABILITIES
Officials and employees of local government units shall file sworn statements SECTION 93. PARTISAN
of assets, liabilities and net worth, lists of relatives within the fourth civil
POLITICAL ACTIVITY
degree of consanguinity or affinity in government service, financial and
business interests, and personnel data sheets as required by law.
No local official or employee in the career civil service shall engage directly
or indirectly in any partisan political activity or take part in any election,
What shall be filed?
initiative, referendum, plebiscite, or recall, except to vote, nor shall he use
- Sworn statements of assets, liabilities, and net worth.
his official authority or influence to cause the performance of any political
- A list of relatives within the fourth civil degree of consanguinity or affinity in
activity by any person or body. He may, however, express his views on
the government service.
current issues, or mention the names of certain candidates for public office
- Financial and business interests.
whom he supports. Elective local officials may take part in partisan political
- Personal data sheets which are required by law.
and electoral activities, but it shall be unlawful for them to solicit contributions
from their subordinates or subject these subordinates to any of the prohibited
acts under the Omnibus Election Code.

61

What cannot the local official or employee do?
- Directly or indirectly engage in any partisan political activity.
- Take part in any election, initiative, referendum, plebiscite, or recall.
- Use his official authority to influence to cause the performance of any
political activity by any person or body.
What can the local official or employee do?
- Vote.
- Express his views on current issues.
- Mention the names of certain candidates whom he supports.
General rule for partisan political activity: He may not directly or indirectly
engage.
Exception: If such local elective official shall not solicit contributions from
their subordinates, or subject these subordinates to any prohibited acts.
SECTION 94. APPOINTMENT OF ELECTIVE
AND APPOINTIVE LOCAL OFFICIALS;
CANDIDATES WHO LOST IN AN ELECTION
(a) No elective or appointive local official shall be eligible for appointment or
designation in any capacity to any public office or position during his tenure.
Unless otherwise allowed by law or by the primary functions of his position,
no elective or appointive local official shall hold any other office or
employment in the government or any subdivision, agency or instrumentality
thereof, including government-owned or controlled corporations or their
subsidiaries.
(b) Except for losing candidates in barangay elections, no candidate who lost
in any election shall, within one (1) year after such election, be appointed to
any office in the government or any government-owned or controlled
corporations or in any of their subsidiaries.
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
Article 244 of the revised penal code provides that:
“Unlawful appointments. - Any public officer who shall knowingly nominate or
appoint to any public office any person lacking the legal qualifications
therefor, shall suffer the penalty of arresto mayor and a fine not exceeding
1,000 pesos.”
SECTION 95. ADDITIONAL
OR DOUBLE COMPENSATION
No elective or appointive local official or employee shall receive additional,
double, or indirect compensation, unless specifically authorized by law, nor
accept without the consent of Congress, any present, emoluments, office, or
title of any kind from any foreign government. Pensions or gratuities shall not
be considered as additional, double, or indirect compensation.
General rule: No elective or appointive local official or employee shall
receive additional, double, or indirect compensation.
Exception: Unless it is specifically authorized by law.
What are not considered additional payment?
- Pensions
- Gratuities
SECTION 96. PERMISSION
TO LEAVE STATION
(a) Provincial, city, municipal, and barangay appointive officials going on
official travel shall apply and secure written permission from their respective
local chief executives before departure. The application shall specify the
reasons for such travel, and the permission shall be given or withheld based
on considerations of public interest, financial capability of the local
government unit concerned and urgency of the travel.
62
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

Should the local chief executive concerned fall to act upon such application From whom shall mayors secure permission?
within four (4) working days from receipt thereof, it shall be deemed - The governor.
approved. - Only for travels outside the province.

(b) Mayors of component cities and municipalities shall secure the From whom shall local government officials secure permission?
permission of the governor concerned for any travel outside the province. - Their respective sanggunian.

(c) Local government officials traveling abroad shall notify their respective What if it extends to more than 3 months, during emergency, or crisis?
sanggunian: Provided, That when the period of travel extends to more than - Permission must be from the Office of the President.
three (3) months, during periods of emergency or crisis or when the travel
involves the use of public funds, permission from the Office of the President ü Effect of improper reimbursement due to failure to obtain permission.
shall be secured. ü There must be first a valid travel order issued by the proper authorities
before travel outside the province.
(d) Field officers of national agencies or offices assigned in provinces, cities, ü Unauthorized travel expenses shall not be reimbursed if not ratified by
and municipalities shall not leave their official stations without giving prior the local chief executive.
written notice to the local chief executive concerned. Such notice shall state ü Punishable under section 3(e) of the Anti-Graft and Corrupt practice Act.
the duration of travel and the name of the officer whom he shall designate to
act for and in his behalf during his absence.
SECTION 97. ANNUAL REPORT
What should be applied for if officials want to travel?
On or before March 31 of each year, every local chief executive shall submit
- A written permission from their respective local chief executives.
an annual report to the sanggunian concerned on the socio-economic,
political and peace and order conditions, and other matters concerning the
When?
local government unit, which shall cover the immediately preceding calendar
- Before departure.
year. A copy of the report shall be forwarded to the Department of the
Interior and Local Government. Component cities and municipalities shall
What is required in the application? (PRUF)
likewise provide the sangguniang panlalawigan copies of their respective
- Permission.
annual reports.
- Reasons for the travel.
- Urgency of the travel.
When shall the local chief executive submit an annual report?
- Financial capability.
- On or before March 31 of every year.
When will it be deemed approved?
Where shall the copy of the report be forwarded?
- If it expressly approves
- DILG
- If the local chief executive fail to act upon such application within 4 days
from receipt.

63
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

Procedure for settlement of boundary disputes

SECTION 118. JURISDICTIONAL
RESPONSIBILITY FOR SETTLEMENT OF The sanggunian
concerned may
BOUNDARY DISPUTE initiate action by filing
a petition.
Boundary disputes between and among local government units shall, as
much as possible, be settled amicably. To this end:
Within 5 working days
(a) Boundary disputes involving two (2) or more barangays in the same city after receipt of the
answer of the adverse
or municipality shall be referred for settlement to the sangguniang party, the sanggunian
shall hear the case.
panlungsod or sangguniang bayan concerned.
Upon receipt of the
petition, the LGU or 15 working days shall
LGUs complained
against shall be
be given to them to
file their answers.
furnished copies of it.
The parties
concerned shall Certification of the
present their case will be issued.
evidence.

(b) Boundary disputes involving two (2) or more municipalities within the
same province shall be referred for settlement to the sangguniang Within 60 days from the date Within 15 days from the
the certification was issued, the promulgation, copies of the
panlalawigan concerned. decision shall be furnished to
dipute shall be formally tried the parties concerned, DILG,
and decided by the sanggunian LGU, COMELEC, NSO, and
concerned. NGAs.
(c) Boundary disputes involving municipalities or component cities of
different provinces shall be jointly referred for settlement to the sanggunians
of the provinces concerned.
What should be the contents of the petition?
(d) Boundary disputes involving a component city or municipality on the one - Duly authenticated copy of the law or statute creating the LGU or any other
hand and a highly urbanized city on the other, or two (2) or more highly document showing proof of the creation of the LGU.
urbanized cities, shall be jointly referred for settlement to the respective - Provincial, city, municipal, or barangay map, as the case may be, duly
sanggunians of the parties. certified by the LMB.
- Technical description of the boundaries of the LGUs concerned.
(e) In the event the sanggunian fails to effect an amicable settlement within - Written certification of the provincial, city, or municipal assessor, as the
sixty (60) days from the date the dispute was referred thereto, it shall issue a case may be, as to territorial jurisdiction over the disputed area according to
certification to that effect. Thereafter, the dispute shall be formally tried by records in custody.
the sanggunian concerned which shall decide the issue within sixty (60) days - Written declarations or sworn statements of the people residing in the
from the date of the certification referred to above. disputed area.
- Other documents or information as may be required by the sanggunian
What if there is a joint hearing? hearing the dispute.
- The sanggunians concerned may sit en banc or designate representatives.
- There must be an equal number of representatives for each sanggunian. What if there is a failure to settle?
- They shall elect among themselves a presiding officer and a secretary. - If the failure to settle happens within 60 days from the date such dispute
- In case of disagreement, selection shall be done by drawing of lots. was referred to, the sanggunian shall issue a certification to that effect and
copies shall be furnished to the parties concerned.

64
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

Is appeal applicable?
Yes. A party may elevate the decision to the proper Regional Trial Court.
Final decision Shall decide
- The RTC shall decide the case within 1 year from the filing. of the Decides to the appeal
Sanggunian appeal. Proper RTC. within 1 year
- Decisions on boundary disputes shall be heard by the RTC of the province concered. from the filing.
which first took cognizance of the dispute.
- Pending final resolution of the dispute, the status of the affected area prior
to the dispute shall be maintained and continued for all purposes.

ü The Sanggunian Panlalawigan is now specifically vested with original

SECTION 120. LOCAL INITIATIVE DEFINED
jurisdiction to actually hear and decide the dispute in accordance with
the procedures laid down by law. Local initiative is the legal process whereby the registered voters of a local
ü Only in the exercise of its appellate jurisdiction can the proper RTC government unit may directly propose, enact, or amend any ordinance.
decide the case, on appeal, should any party aggrieved by the decision
of the Sanggunian Panlalawigan elevate the same. ü Local initiatives shall extend only to subjects or matters within the local
ü If there’s no case in the Sanggunian Panlalawigan, such case cannot go powers of the Sanggunian to enact.
straight to the RTC.
ü The judgment rendered by a court without jurisdiction creates no rights Resolution Ordinance
and produces no effect. Thus, a void judgment is no judgment at all. Used whenever the legislature Intended to permanently direct and
wishes to express an opinion which control matters applying to persons
What is the importance of settling boundary disputes? is to have only a temporary effect. and things in general.
- It must be clear because they define the limits of the territorial jurisdiction of
a LGU.
Initiative Referendum

SECTION 119. APPEAL Consented to by the law-making

Entirely the work of the electorate
body.

Within the time and manner prescribed by the Rules of Court, any party may
A process of law-making by the It consists merely of the electorate
elevate the decision of the sanggunian concerned to the proper Regional
people themselves without the approving or rejecting what has been
Trial Court having jurisdiction over the area in dispute. The Regional Trial
participation and against the wishes drawing up or enacted by a
Court shall decide the appeal within one (1) year from the filing thereof.
of their elected representatives. legislative body.
Pending final resolution of the disputed area prior to the dispute shall be
maintained and continued for all legal purposes.
Can COMELEC change requirements by resolution?
No. If they do, it will be committing grave abuse of discretion.

65
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

(g) Upon the lapse of the period herein provided, the Comelec, through its
SECTION 121. WHO MAY EXERCISE
office in the local government unit concerned, shall certify as to whether or
not the required number of signatures has been obtained. Failure to obtain
The power of local initiative and referendum may be exercised by all
the required number defeats the proposition.
registered voters of the provinces, cities, municipalities, and barangays.
(h) If the required number of signatures is obtained, the Comelec shall then
SECTION 122. PROCEDURE IN set a date for the initiative during which the proposition shall be submitted to
the registered voters in the local government unit concerned for their
LOCAL INITIATIVE approval within sixty (60) days from the date of certification by the Comelec,
as provided in subsection (g) hereof, in case of provinces and cities, forty-
(a) Not less than one thousand (1,000) registered voters in case of provinces five (45) days in case of municipalities, and thirty (30) days in case of
and cities, one hundred (100) in case of municipalities, and fifty (50) in case barangays. The initiative shall then be held on the date set, after which the
of barangays, may file a petition with the sanggunian concerned proposing results thereof shall be certified and proclaimed by the Comelec.
the adoption, enactment, repeal, or amendment of an ordinance.
How many days
(b) If no favorable action thereon is taken by the sanggunian concerned How many may
are given to Days before the
within thirty (30) days from its presentation, the proponents, through their file the
obtain the approval
duly authorized and registered representatives, may invoke their power of petition?
signatures?
initiative, giving notice thereof to the sanggunian concerned.
Provinces 1,000 registered
90 days 60 days
Cities voters
(c) The proposition shall be numbered serially starting from Roman numeral
Municipalities 100 60 45
I. The Comelec or its designated representative shall extend assistance in
Barangays 50 30 30
the formulation of the proposition.

What shall the petition contain?

(d) Two (2) or more propositions may be submitted in an initiative.
- Contents or text of the proposed ordinance sought to be enacted, approved
or rejected, amended or repealed, as the case may be.
(e) Proponents shall have ninety (90) days in case of provinces and cities,
- The proposition.
sixty (60) days in case of municipalities, and thirty (30) days in case of
- The reasons.
barangays, from notice mentioned in subsection (b) hereof to collect the
- That it is not subject to any of the limitations provided in Article 150 of the
required number of signatures.
IRR.
- Signatures of the petitioners or registered voters.
(f) The petition shall be signed before the election registrar, or his designated
- A formal designation of their duly authorized representatives.
representatives, in the presence of a representative of the proponent, and a
- An abstract or summary proposition in not more than 100 words which shall
representative of the sanggunian concerned in a public place in the local
be legibly written or printed at the top of every page of the petition.
government unit, as the case may be. Stations for collecting signatures may
be established in as many places as may be warranted.

66
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

Procedures for initiative Posting of the petition

Proponents shall furnish the Copies shall be

posted
provincial election supervisor conspicuously in
Provincial sufficient number of copies of the Receipt of the All election officers public places in the
petition and notice concerned shall LGU concerned
ordinance petition and notice for distribution to cause copies together with a
the election registrars in the notice of the dates
province. of signing

When will the petition be signed?

Proponents shall furnish the
election registrar sufficient
City ordinance number of copies of the petition and
notice for distribution to the
barangays within the city
Proponents shall furnish the
Municipal
provincial election registrar
sufficient number of copies of the
ordinance
petition and notice for distribution to
the barangays and municipalities
- Upon receipt of the notice and petition, the election officer in the LGU
concerned shall schedule the signing.
When can such signatures be collected?
- On the first Saturday and Sunday following receipt, and every Saturday and
Sunday thereafter for a period of:
• 90 days – Provinces and cities
• 60 days – Municipalities
• 30 days – Barangays
- Signing may also be done on weekdays in the office of the proper election
registrar.

Signature stations
Proponents shall furnish copies of
- May be established in as many places as may be warranted, and as far as
the petition and notice to the
Barangay practicable:
COMELEC in Manila, through its
ordinance
executive director and its Election • Public schools
Records and Statistics Department
• Buildings nearest the residence of the voters
- Election registrar may cluster existing precincts into signature stations at a
ratio of 1 signature:10 precincts.
- Each signature shall be under the supervision of a public school teacher
To whom shall the proponent furnish the copies? designated by the election registrar.
Provincial ordinance Provincial election supervisor
City ordinance Election registrar
Municipal ordinance Provincial election registrar
COMELEC in Manila, through the Executive
Barangay ordinance Director and its Election Records and Statistics
Department

67
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

Procedure for the signing of petition proposition, and within 15 days from the receipt of the certification,
COMELEC shall act on the findings of sufficiency or insufficiency.
ü If the required number of signatures is obtained, COMELEC shall set a
Petition shall be
signed before the date for the initiative during which the proposition shall be submitted to
election registrar, or Signatures shall be the registered voters in the LGU concerned within:
Any registered his designated affixed to a form
voter in a LGU may representatives, in prescribed by the o 60 days from the date of the certification – Provinces and cities
assign the petition the presence of a COMELEC
representative of o 45 days – Municipalities
the proponent, in a
public place o 30 days – Barangays
ü The initiative shall be held on the date set, after which the results
thereof shall be certified and proclaimed by the COMELEC.
How to verify signatures?
- The election registrar or his representative shall, during the period of
SECTION 123. EFFECTIVITY OF
signing, verify the genuineness and authenticity of the signatures by referring
to the book of voters, voter’s affidavits, and voter’s ID. LOCAL PROPOSITIONS
May an election registrar cancel any signature? If the proposition is approved by a majority of the votes cast, it shall take
Yes. If it is forged, falsified, or that the signatory is not a registered voter, or effect fifteen (15) days after certification by the Comelec as if affirmative
that the signature of the voter appears more than once in the same or other action thereon had been made by the sanggunian and local chief executive
forms. concerned. If it fails to obtain said number of votes, the proposition is
considered defeated.
Who shall certify the number of registered voters?
- The Election Records and Statistics Department of the COMELEC. If approved – Take effect 15 days after certification by the COMELEC.
If it fails – The proposition is considered defeated.
Number of signatures required
• Local initiative affecting an ordinance passed by the sanggunian of
a province or a city is deemed validly initiated –
SECTION 124. LIMITATIONS ON
- 10% of the registered voters in the province or city LOCAL INITIATIVES
- If only composed of one legislative district, at least each
municipality in the province or each barangay in a city must be (a) The power of local initiative shall not be exercised more than once a
represented by at least 3% of the registered voters therein year.
• Municipal ordinance –
- 10% of the registered voters in the municipality (b) Initiative shall extend only to subjects or matters which are within the
• Barangay ordinance – legal powers of the sanggunians to enact.
- 10% of the voters in said barangay
(c) If at any time before the initiative is held, the sanggunian concerned
ü The COMELEC shall determine and certify whether or not the required adopts in toto the proposition presented and the local chief executive
number of signatures has been obtained. Failure to obtain defeats the approves the same, the initiative shall be canceled. However, those against

68
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

such action may, if they so desire, apply for initiative in the manner herein
SECTION 126. LOCAL
provided.
REFERENDUM DEFINED
How many times can it be exercised?
- Not more than once a year. Local referendum is the legal process whereby the registered voters of the
local government units may approve, amend or reject any ordinance enacted
What is the initiative’s limitation? by the sanggunian. The local referendum shall be held under the control and
- It shall only extend to subjects or matters which are within the legal power direction of the Comelec within sixty (60) days in case of provinces and
of the sanggunians to enact. cities, forty-five (45) days in case of municipalities and thirty (30) days in
case of barangays. The Comelec shall certify and proclaim the results of the
SECTION 125. LIMITATIONS said referendum.

UPON SANGGUNIANS Local referendum – The legal process whereby the registered voters of the
local government units may approve, amend or reject any ordinance enacted
Any proposition or ordinance approved through the system of initiative and by the sanggunian.
referendum as herein provided shall not be repealed, modified or amended
by the sanggunian concerned within six (6) months from the date of the Who has control and direction?
approval thereof, and may be amended, modified or repealed by the - Held under by the COMELEC within:
sanggunian within three (3) years thereafter by a vote of three-fourths (3/4) • 60 days – Provinces and cities
of all its members: Provided, That in case of barangays, the period shall be • 45 days – Municipalities
eighteen (18) months after the approval thereof. • 30 days – Barangays
- The COMELEC shall also certify and proclaim the results of the
What cannot be done to any proposition or ordinance? referendum.
- Repeal, modify, or amend it by the sanggunian concerned.

Is that final?
SECTION 305. FUNDAMENTAL PRINCIPLES
- However, it may be amended, modified, or repealed by the sanggunian
The financial affairs, transactions, and operations of local government units
within 3 years thereafter by a vote of ¾ of all it members.
shall be governed by the following fundamental principles:
(a) No money shall be paid out of the local treasury except in pursuance of
When does the 3-year protected period begin?
an appropriations ordinance or law;
- According to Senator Pimentel, it starts at the end of the 6-mon period
(b) Local government funds and monies shall be spent solely for public
where the proposition or ordinance receives absolute protection.
purposes;
(c) Local revenue is generated only from sources expressly authorized by
law or ordinance, and collection thereof shall at all times be
acknowledged properly;

69

(d) All monies officially received by a local government officer in any
capacity or on any occasion shall be accounted for as local funds,
unless otherwise provided by law;
(e) Trust funds in the local treasury shall not be paid out except in fulfillment
of the purpose for which the trust was created or the funds received;
(f) Every officer of the local government unit whose duties permit or require
the possession or custody of local funds shall be properly bonded, and
such officer shall be accountable and responsible for said funds and for
the safekeeping thereof in conformity with the provisions of law;
(g) Local governments shall formulate sound financial plans, and local
budgets shall be based on functions, activities, and projects, in terms of
expected results;
(h) Local budget plans and goals shall, as far as practicable, be harmonized
with national development plans, goals, and strategies in order to
optimize the utilization of resources and to avoid duplication in the use
of fiscal and physical resources;
(i) Local budgets shall operationalize approved local development plans;
(j) Local government units shall ensure that their respective budgets
incorporate the requirements of their component units and provide for
equitable allocation of resources among these component units;
(k) National planning shall be based on local planning to ensure that the
needs and aspirations of the people as articulated by the local
government units in their respective local development plans are
considered in the formulation of budgets of national line agencies or
offices;
(l) Fiscal responsibility shall be shared by all those exercising authority
over the financial affairs, transactions, and operations of the local
government units; and
(m) The local government unit shall endeavor to have a balanced budget in
each fiscal year of operation.
ü Application of ordinance necessary prior to payment of judgment.
ü Although the liability of the state, in a suit, is ascertained through final
judgment, the state is at liberty to determine for itself whether to pay the
judgment or not.
ü Execution cannot be issued against the state.
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
SECTION 323. FAILURE TO ENACT
THE ANNUAL APPROPRIATIONS
In case the Sanggunian concerned fails to pass the ordinance authorizing
the annual appropriations at the beginning of the ensuing fiscal year, it shall
continue to hold sessions, without additional remuneration for its members,
until such ordinance is approved, and no other business may be taken up
during such sessions. If the sanggunian still fails to enact such ordinance
after 90 days from the beginning of the fiscal year, the ordinance authorizing
the appropriations of the preceding year shall be deemed reenacted and
shall remain in force and effect until the ordinance authorizing the proposed
appropriations is passed by the Sanggunian concerned. However, only the
annual appropriations for salaries and wages of existing positions, statutory
and contractual obligations, and essential operating expenses authorized in
the annual and supplemental budgets for the preceding year shall be
deemed reenacted and disbursement of funds shall be in accordance
therewith.
In the implementation of such reenacted ordinance, the local treasurer
concerned shall exclude from the estimates of income for the preceding
fiscal year those realized from nonrecurring sources, like national aids,
proceeds from loans, sale of assets, prior year adjustments, and other
analogous sources of income. No ordinance authorizing supplemental
appropriations shall be passed in place of the annual appropriations.
In case the revised income estimates be less than the aggregate reenacted
appropriations, the local treasurer concerned shall accordingly advise the
sanggunian concerned which shall, within 10 days from the receipt of such
advise, make the necessary adjustments or reductions. The revised
appropriations authorized by the sanggunian concerned shall then be the
basis for disbursements.
Fiscal year – A period beginning with the first day of January and ending
with the 31st day of December of the same year.
70
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

What are deemed reenacted? (c) No local fund shall be appropriated to increase or adjust salaries or
- Annual appropriations for salaries and wages of existing positions wages of officials and employees of the national government, except
- Statutory and contractual obligations as may be expressly authorized by law;
- Essential operating expenses authorized in the annual and supplemental (d) In cases of abolition of positions and the creation of new ones
budgets for the preceding year resulting from the abolition of existing position in the career service,
- Disbursement of funds such abolition or creation shall be made in accordance with pertinent
provisions of this Code and the civil service law, rules and regulations;
What shall the local treasurer do? (e) Positions in the official plantilla for career positions which are occupied
- Exclude from the estimates of income for the preceding fiscal year those by incumbents holding permanent appointments shall be covered by
realized from nonrecurring sources adequate appropriations;
- Advise the sanggunian concerned within 10 days from the receipt of the (f) No changes in designation or nomenclature of positions resulting in a
advice, in case the revised income estimates be less than the aggregate promotion or demotion in rank or increase or decrease in
reenacted appropriations compensation shall be allowed, except when the position is actually
- Make necessary adjustments or reductions vacant, and the filing of such positions shall be strictly made in
accordance with the civil service law, rules and regulations;
ü No ordinance supplemental appropriations shall be passed in place of (g) The creation of new positions and salary increases or adjustments
the annual appropriations. shall in no case be made retroactive; and
(h) The annual appropriations for discretionary purposes of the local chief
executive shall not exceed 2% of the actual receipts derived from
SECTION 325. GENERAL LIMITATIONS
basic real property tax in the next preceding calendar year.
Discretionary funds shall be disbursed only for public purposes to be
The use of the provincial, city, and municipal funds shall be subject to the
supported by appropriate vouchers and subject to such guidelines as
following limitations:
may be prescribed by law. No amount shall be appropriated for the
(a) The total appropriations, whether annual or supplemental, for personal
same purpose except as authorized under this Section.
services of a LGU for 1 fiscal year shall not exceed 45% in case of first
to third class provinces, cities, and municipalities, and 55% in the case
of fourth class or lower, of the total annual income from regular SECTION 336. USE OF APPROPRIATED
sources realized in the next preceding fiscal year. The appropriations
FUNDS AND SAVINGS
for salaries, wages, representation and transportation allowances of
officials and employees of the public utilities and economic enterprises
Funds shall be available exclusively for the specific purpose for which they
owned, operated, and maintained by the LGU concerned shall not be
have been appropriated. No ordinance shall be passed authorizing any
included in the annual budget or in the computation of the maximum
transfer of appropriations from one item to another. However, the local chief
amount for personal services. The appropriations for the personal
executive or the presiding officer of the sanggunian concerned may, by
services of such economic enterprises shall be charged to their
ordinance, be authorized to augment any item in the approved annual
respective budgets;
budget for their respective offices from savings in other items within the
(b) No official or employee shall be entitled to a salary rate higher than the
same expense class of their respective appropriations.
maximum fixed for his position or other positions of equivalent rant by
applicable laws or rules and regulations issued thereunder;

71

Where can be the funds used?
- For the specific purpose it is exclusively appropriated for.
Can it be transferred?
General rule: No. The law states that no ordinance shall be passed
authorizing any transfer of appropriations from one item to another.
Exceptions:
(1) Where an ordinance is enacted authorizing the local chief executive
or presiding officer of the sanggunian to augment any item within
the approved budget for their office from savings in other items within
the same class of their respective appropriations.
(2) Where an ordinance enacts a supplemental budget in times of public
calamity by way of budgetary realignment to set aside appropriations
for the purchase of supplies and materials or the payment of services
which are exceptionally urgent or absolutely indispensable to prevent
imminent danger.
SECTION 338. PROHIBITIONS
AGAINST ADVANCE PAYMENTS
No money shall be paid on account of any contract under which no services
have been rendered or goods delivered.
ü According to Senator Pimentel, release of funds is needed to enable the
contractor to deliver on his obligation.
SECTION 390. COMPOSITION
The sangguniang barangay, the legislative body of the barangay, shall be
composed of the punong barangay as presiding officer, and the seven (7)
regular sangguniang barangay members elected at large and sangguniang
kabataan chairman, as members.
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
Composition of the sangguniang barangay –
- Punong barangay – Presiding officer
- 7 regular sanggunian barangay members
• Those elected at large
• SK chairman
SECTION 391. POWERS, DUTIES,AND
FUNCTIONS
(a) The sangguniang barangay, as the legislative body of the barangay,
shall:
(1) Enact ordinances as may be necessary to discharge the
responsibilities conferred upon it by law or ordinance and to promote
the general welfare of the inhabitants therein;
(2) Enact tax and revenue ordinances, subject to the limitations imposed
in this Code;
(3) Enact annual and supplemental budgets in accordance with the
provisions of this Code;
(4) Provide for the construction and maintenance of barangay facilities
and other public works projects chargeable to the general fund of the
barangay or such other funds actually available for the purpose;
(5) Submit to the sangguniang panlungsod or sangguniang bayan such
suggestions or recommendations as it may see fit for the improvement
of the barangay or for the welfare of the inhabitants thereof;
(6) Assist in the establishment, organization, and promotion of
cooperative enterprises that will improve the economic condition and
well-being of the residents;
(7) Regulate the use of multi-purpose halls, multi- purpose pavements,
grain or copra dryers, patios and other post-harvest facilities,
barangay waterworks, barangay markets, parking areas or other
similar facilities constructed with government funds within the
jurisdiction of the barangay and charge reasonable fees for the use
thereof;
(8) Solicit or accept monies, materials and voluntary labor for specific
public works and cooperative enterprises of the barangay from
residents, land owners, producers and merchants in the barangay;
72

monies from grants-in-aid, subsidies, contributions, and revenues
made available to the barangays from national, provincial, city or
municipal funds; and monies from other private agencies and
individuals: Provided, however, That monies or properties donated by
private agencies and individuals for specific purposes shall accrue to
the barangay as trust fund;
(9) Solicit or accept, in any or all the foregoing public works and
cooperative enterprises, such cooperation as is made available by
national, provincial, city, or municipal agencies established by law to
render financial, technical, and advisory assistance to barangays and
to barangay residents: Provided, however, That in soliciting or
accepting such cooperation, the sangguniang barangay need not
pledge any sum of money for expenditure in excess of amounts
currently in the barangay treasury or encumbered for other purposes;
(10) Provide compensation, reasonable allowances or per diems as well as
travel expenses for sangguniang barangay members and other
barangay officials, subject to the budgetary limitations prescribed
under Title Five, Book II of this Code: Provided, however, That no
increase in the compensation or honoraria of the sangguniang
barangay members shall take effect until after the expiration of the full
term of all members of the sangguniang barangay approving such
increase;
(11) Hold fund-raising activities for barangay projects without the need of
securing permits from any national or local office or agency. The
proceeds from such activities shall be tax-exempt and shall accrue to
the general fund of the barangay: Provided, That in the appropriation
thereof, the specific purpose for which such fund-raising activity has
been held shall be first satisfied: Provided, further, That no fund-
raising activities shall be held within a period of sixty (60) days
immediately preceding and after a national or local election, recall,
referendum, or plebiscite: Provided, finally, That said fund-raising
activities shall comply with national policy standards and regulations
on morals, health, and safety of the persons participating therein. The
sangguniang barangay, through the punong barangay, shall render a
public accounting of the funds raised at the completion of the project
for which the fund-raising activity was under- taken;
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
(12) Authorize the punong barangay to enter into contracts in behalf of the
barangay, subject to the provisions of this Code; (13) Authorize the
barangay treasurer to make direct purchases in an amount not
exceeding One thousand pesos (P1,000.00) at any one time for the
ordinary and essential administrative needs of the barangay;
(13) Prescribe fines in amounts not exceeding One thousand pesos
(P1,000.00) for violation of barangay ordinances;
(14) Provide for the administrative needs of the lupong tagapamayapa and
the pangkat ng tagapagkasundo;
(15) Provide for the organization of community brigades, barangay tanod,
or community service units as may be necessary;
(16) Organize regular lectures, programs, or fora on community problems
such as sanitation, nutrition, literacy, and drug abuse, and convene
assemblies to encourage citizen participation in government;
(17) Adopt measures to prevent and control the proliferation of squatters
and mendicants in the barangay;
(18) Provide for the proper development and welfare of children in the
barangay by promoting and supporting activities for the protection and
total development of children, particularly those below seven (7) years
of age;
(19) Adopt measures towards the prevention and eradication of drug
abuse, child abuse, and juvenile delinquency;
(20) Initiate the establishment of a barangay high school, whenever
feasible, in accordance with law;
(21) Provide for the establishment of a non-formal education center in the
barangay whenever feasible, in coordination with the Department of
Education, Culture and Sports, ;
(22) Provide for the delivery of basic services; and
(23) Exercise such other powers and perform such other duties and
functions as may be prescribed by law or ordinance.
SECTION 392. OTHER DUTIES OF
SANGGUNIANG BARANGAY MEMBERS
In addition to their duties as members of the sangguniang barangay,
sangguniang barangay members may:
73

(a) Assist the punong barangay in the discharge of his duties and functions;
(b) Act as peace officers in the maintenance of public order and safety; and
(c) Perform such other duties and functions as the punong barangay may
delegate.
SECTION 393. BENEFITS OF
BARANGAY OFFICIALS
(a) Barangay officials, including barangay tanods and members of the
lupong tagapamayapa, shall receive honoraria, allowances, and such other
emoluments as may be authorized by law or barangay, municipal or city
ordinance in accordance with the provisions of this Code, but in no case
shall it be less than One thousand pesos (P=1,000.00) per month for the
punong barangay and Six hundred pesos (P=600.00) per month for the
sangguniang barangay members, barangay treasurer, and barangay
secretary: Provided, however, That the annual appropriations for personal
services shall be subject to the budgetary limitations prescribed under Title
Five, Book II of this Code;
(b) The punong barangay, the sangguniang barangay members, the
barangay treasurer, and the barangay secretary shall also:
(1) Be entitled to Christmas bonus of at least One thousand pesos
(P=1,000.00) each, the funds for which shall be taken from the general
fund of the barangay or from such other funds appropriated by the
national government for the purpose;
(2) Be entitled, during their incumbency, to insurance coverage which
shall include, but shall not be limited to temporary and permanent
disability, double indemnity, accident insurance, death and burial
benefits, in accordance with Republic Act Numbered Sixty-nine
hundred forty-two (R.A. No. 6942), entitled "An Act Increasing the
Insurance Benefits of Local Government Officials and Providing Funds
Therefor";
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
(3) Be entitled to free medical care including subsistence, medicines, and
medical attendance in any government hospital or institution:
Provided, That such hospital care shall include surgery or surgical
expenses, medicines, X-rays, laboratory fees, and other hospital
expenses;
(4) In case of extreme urgency where there is no available government
hospital or institution, the barangay official concerned may submit
himself for immediate medical attendance to the nearest private clinic,
hospital or institution and the expenses not exceeding Five thousand
pesos (P=5,000.00) that may be incurred therein shall be chargeable
against the funds of the barangay concerned;
(5) Be exempted during their incumbency from paying tuition and
matriculation fees for their legitimate dependent children attending
state colleges or universities. He may likewise avail of such
educational benefits in a state college or university located within the
province or city to which the barangay belongs; and
(6) Be entitled to appropriate civil service eligibility on the basis of the
number of years of service to the barangay, pursuant to the rules and
regulations issued by the Civil Service Commission.
(c) Elective barangay officials shall have preference in appointments to any
government position or in any government-owned or -controlled
corporations, including their subsidiaries, after their tenure of office, subject
to the requisite qualifications and the provisions of the immediately
preceding paragraph.
(d) All duly appointed members of the barangay tanod brigades, or their
equivalent, which shall number not more than twenty (20) in each barangay,
shall be granted insurance or other benefits during their incumbency,
chargeable to the barangay or the city or municipal government to which the
barangay belongs.
What shall barangay officials, tanods, and members of the lupong
tagapamayapa receive?
Such must be authorized by law or barangay, municipal, or city ordinance in
accordance with the provisions of this Code.
- Honoraria
74
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

- Allowances (c) No person shall be appointed barangay secretary if he is a sangguniang

- Emoluments barangay member, a government employee, or a relative of the punong
barangay within the fourth civil degree of consanguinity or affinity.
It cannot be less than (per month) –
P1000 – Punong barangay (d) The barangay secretary shall:
P600 – Sanggunian barangay members (1) Keep custody of all records of the sangguniang barangay and the
barangay assembly meetings;
What shall the punong barangay, sanggunian barangay member, (2) Prepare and keep the minutes of all meetings of the sangguniang
barangay treasurer, and barangay secretary receive? barangay and the barangay assembly;
- Christmas bonus of at least P1000 each (3) Prepare a list of members of the barangay assembly, and have the
- Insurance coverage during their incumbency same posted in conspicuous places within the barangay;
- Free medical care (4) Assist in the preparation of all necessary forms for the conduct of
- Exemption from paying the tuition and matriculation fees of their legitimate barangay elections, initiatives, referenda or plebiscites, in coordination
dependent children attending state colleges or universities during their with the Comelec;
incumbency (5) Assist the municipal civil registrar in the registration of births, deaths,
- Civil service eligibility and marriages;
(6) Keep an updated record of all inhabitants of the barangay containing
Do elective barangay officials have preference in appointments? the following items of information: name, address, place and date of
Yes. birth, sex, civil status, citizenship, occupation, and such other items of
information as may be prescribed by law or ordinances;
Do members of the barangay tanod brigades, or their equivalent (7) Submit a report on the actual number of barangay residents as often
receive insurance? as may be required by the sangguniang barangay; and
Yes, and even other benefits, during their incumbency. (8) Exercise such other powers and perform such other duties and
functions as may be prescribed by law or ordinance.
SECTION 394. BARANGAY SECRETARY:
Qualifications of a barangay secretary –
APPOINTMENT, QUALIFICATIONS, - The barangay secretary shall be appointed by the punong barangay
- Must be with the concurrence of the majority of all the sanggunian
POWERS AND DUTIES barangay members
- Must be of legal age
(a) The barangay secretary shall be appointed by the punong barangay with - A qualified voter in the barangay concerned
the concurrence of the majority of all the sangguniang barangay members. - An actual resident in the barangay concerned
The appointment of the barangay secretary shall not be subject to attestation - Must not be a government employee, a relative of the punong barangay
by the Civil Service Commission. within the fourth civil degree of consanguinity or affinity
- Must not be a sangguniang bayan member
(b) The barangay secretary shall be of legal age, a qualified voter and an
actual resident of the barangay concerned.

75

Does the appointment of the barangay secretary need the attestation of
the Civil Service Commission?
No.
What are the duties of a barangay secretary?
- Section 394(d) of the Local Government Code.
SECTION 395. BARANGAY TREASURER:
APPOINTMENT, QUALIFICATIONS,
POWERS AND DUTIES
(a) The barangay treasurer shall be appointed by the punong barangay with
the concurrence of the majority of all the sangguniang barangay members.
The appointment of the barangay treasurer shall not be subject to attestation
by the Civil Service Commission.
(b) The barangay treasurer shall be of legal age, a qualified voter, and an
actual resident of the barangay concerned.
(c) No person shall be appointed barangay treasurer if he is a sangguniang
barangay member, a government employee, or a relative of the punong
barangay within the fourth civil degree of consanguinity or affinity.
(d) The barangay treasurer shall be bonded in accordance with existing laws
in an amount to be determined by the sangguniang barangay but not
exceeding Ten thousand pesos (P=10,000.00), premiums for which shall be
paid by the barangay.
(e) The barangay treasurer shall:
(1) Keep custody of barangay funds and properties;
(2) Collect and issue official receipts for taxes, fees, contributions,
monies, materials, and all other resources accruing to the barangay
treasury and deposit the same in the account of the barangay as
provided under Title Five, Book II of this Code;
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
(3) Disburse funds in accordance with the financial procedures provided
in this Code;
(4) Submit to the punong barangay a statement covering the actual and
estimates of income and expenditures for the preceding and ensuing
calendar years, respectively, subject to the provisions of Title Five,
Book II of this Code;
(5) Render a written accounting report of all barangay funds and property
under his custody at the end of each calendar year, and ensure that
such report shall be made available to the members of the barangay
assembly and other government agencies concerned;
(6) Certify as to the availability of funds whenever necessary;
(7) Plan and attend to the rural postal circuit within his jurisdiction; and
(8) Exercise such other powers and perform such other duties and
functions as may be prescribed by law or ordinance.
Qualifications of a barangay treasurer –
- Must be appointed by the punong barangay.
- Must have the concurrence of the majority of all the sangguniang barangay
members.
- It shall not be subject to attestation by the Civil Service Commission.
- Must be of legal age.
- Must be a qualified voter in the barangay concerned.
- Must be an actual resident in the barangay.
- He must not be a government employee.
- He must not be a relative of the punong barangay within the fourth civil
degree of consanguinity or affinity.
- He must not be a sangguniang bayan member.
How much is the bond of the barangay treasurer?
- Not exceeding P10,000.00.
Duties of the barangay treasurer –
- Section 395(e) of the Local Government Code.
ü A person may be appointed as barangay treasurer if he resigns from
his post as member of the sangguniang barangay or government
employment.
76
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

Barangay assembly composition –

SECTION 396. OTHER
- All persons who are actual residents of the barangay:
APPOINTIVE OFFICIALS • For at least 6 months
• Must be 15 years of age or over
The qualifications, duties, and functions of all other barangay officials • Must be a citizen of the Philippines
appointed by the punong barangay shall be governed by the provisions of • Must be duly registered in the list of barangay assembly members
this Code and other laws or by barangay ordinances.
Barangay assembly meetings –
- Shall meet 2x a year
SECTION 397. COMPOSITION; MEETINGS
- Hear and discuss the semestral report of the sangguniang barangay
concerning activities and finances, and problems which affect the barangay
(a) There shall be a barangay assembly composed of all persons who are
- Meetings shall be held:
actual residents of the barangay for at least six (6) months, fifteen (15) years
• Upon call of the punong barangay;
of age or over, citizens of the Philippines, and duly registered in the list of
• At least 4 members of the sangguniang barangay; or
barangay assembly members.
• Upon written petition of at least 5% of the assembly members
- A written notice must be given 1 week prior to the meeting, except on
(b) The barangay assembly shall meet at least twice a year to hear and
matters involving public safety or security
discuss the semestral report of the sangguniang barangay concerning its
activities and finances as well as problems affecting the barangay. Its
Who shall act as the presiding officer if the punong barangay is not
meetings shall be held upon call of the punong barangay or of at least four
there?
(4) members of the sangguniang barangay, or upon written petition of at
- An acting punong barangay; or
least five percent (5%) of the assembly members.
- Any assembly member selected during meeting

(c) No meeting of the barangay assembly shall take place unless a written
notice is given one (1) week prior to the meeting except on matters involving SECTION 398. POWERS OF
public safety or security, in which case notice within a reasonable time shall
be sufficient. The punong barangay, or in his absence, the sangguniang
THE BARANGAY ASSEMBLY
barangay member acting as punong barangay, or any assembly member
The barangay assembly shall:
selected during the meeting, shall act as presiding officer in all the meetings
of the assembly. The barangay secretary, or in his absence, any member
(a) Initiate legislative processes by recommending to the sangguniang
designated by the presiding officer to act as secretary, shall discharge the
barangay the adoption of measures for the welfare of the barangay and the
duties of secretary of the barangay assembly.
city or municipality concerned;

(b) Decide on the adoption of initiative as a legal process whereby the

registered voters of the barangay may directly propose, enact, or amend any
ordinance; and

77
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

(c) Hear and pass upon the semestral report of the sangguniang barangay Lupong tagapamayapa composition –
concerning its activities and finances. - Punong barangay – Chairman
- 10 to 20 members
SECTION 399. LUPONG TAGAPAMAYAPA
Who may be appointed as member of the lupon?
- Any person
(a) There is hereby created in each barangay a lupong tagapamayapa,
- Must be residing or working in the barangay
hereinafter referred to as the lupon, composed of the punong barangay as
- Must not otherwise expressly be disqualified by law
chairman and ten (10) to twenty (20) members. The lupon shall be
- Possessing integrity, impartiality, independence of mind, sense of fairness,
constituted every three (3) years in the manner provided herein.
and reputation for probity

(b) Any person actually residing or working in the barangay, not otherwise
What shall be included in the notice to constitute the lupon?
expressly disqualified by law, and possessing integrity, impartiality,
- Names of the proposed members
independence of mind, sense of fairness, and reputation for probity, may be
- Must express their willingness to serve
appointed a member of the lupon.
- Shall be prepared by the punong barangay
- Within the 15 days from the start of his term
(c) A notice to constitute the lupon, which shall include the names of
proposed members who have expressed their willingness to serve, shall be
Does the notice need publication?
prepared by the punong barangay within the first fifteen (15) days from the
Yes. It must be posted in 3 conspicuous places in the barangay continuously
start of his term of office. Such notice shall be posted in three (3)
for a period of not less than 3 weeks.
conspicuous places in the barangay continuously for a period of not less
than three (3) weeks;
Manner of appointment –
- The punong barangay shall take into consideration any opposition within
(d) The punong barangay, taking into consideration any opposition to the
the period of posting, and shall within 10 days thereafter, appoint as
proposed appointment or any recommendations for appointments as may
members those whom he determines to be suitable.
have been made within the period of posting, shall within ten (10) days
- It must be in writing
thereafter, appoint as members those whom he determines to be suitable
- Must be signed by the punong barangay
therefor. Appointments shall be in writing, signed by the punong barangay,
- Must be attested to by the barangay secretary
and attested to by the barangay secretary.
Where shall the list of appointed members be posted?
(e) The list of appointed members shall be posted in three (3) conspicuous
- In 3 conspicuous places in the barangay
places in the barangay for the entire duration of their term of office; and
For how long?
(f) In barangays where majority of the inhabitants are members of
- For the entire duration of their term of office
indigenous cultural communities, local systems through their councils of
datus or elders shall be recognized without prejudice to the applicable
provisions of this Code.

78
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

Revised Katarungang Pambarangay Law To whom shall they take such oath?
- Before the punong barangay.
It increased the authority of the lupon in criminal offenses from those
punishable by imprisonment not exceeding 30 days or a fine not exceeding
When can his term be terminated?
P200.00 in PD 1508 to those offenses punishable by imprisonment not
- Upon resignation
exceeding one year or a fine not exceeding P5,000.00.
- Transfer of residence or place of work
As to venue, it provides that disputes arising at the workplace where the - Withdrawal of appointment
contending parties are employed or at the institution where such parties are • Must be by the punong barangay
enrolled for study, shall be brought in the barangay where such workplace or • Must be with the concurrence of the majority of all the members of the
institution is located. lupon

It provides for the suspension of the prescriptive periods of offenses during

the pendency or mediation, conciliation, or arbitration process.
ü While PD 1508 has been repealed by the Local Government Code of
1991, the jurisprudence regarding prior referral to the lupon as a pre-
condition to the filing of an action in court remains applicable because
its provisions on prior referral were substantially reproduced in the
Code.
ü The Alternative Dispute Resolution (ADR) Act shall not be interpreted to
repeal, amend, or modify the jurisdiction of the Katarungang
Pambarangay.
SECTION 400. OATH AND TERM OF OFFICE
Upon appointment, each lupon member shall take an oath of office before
the punong barangay. He shall hold office until a new lupon is constituted on
the third year following his appointment unless sooner terminated by
resignation, transfer of residence or place of work, or withdrawal of
appointment by the punong barangay with the concurrence of the majority of
all the members of the lupon.
When shall the lupon member take oath?
- Upon appointment
SECTION 401. VACANCIES
Should a vacancy occur in the lupon for any cause, the punong barangay
shall immediately appoint a qualified person who shall hold office only for the
unexpired portion of the term.
What will happen if there is a vacancy?
- The punong barangay shall immediately appoint a qualified person
Will that person have the same term as the person s/he succeeded?
No. Such appointee shall only hold office for the unexpired portion of the
term.
SECTION 402. FUNCTIONS OF THE LUPON
The lupon shall:
(a) Exercise administrative supervision over the conciliation panels provided
herein;
(b) Meet regularly once a month to provide a forum for exchange of ideas
among its members and the public on matters relevant to the amicable
settlement of disputes, and to enable various conciliation panel members to
share with one another their observations and experiences in effecting
speedy resolution of disputes; and

79

(c) Exercise such other powers and perform such other duties and functions
as may be prescribed by law or ordinance.
SECTION 403. SECRETARY OF THE LUPON
The barangay secretary shall concurrently serve as the secretary of the
lupon. He shall record the results of mediation proceedings before the
punong barangay and shall submit a report thereon to the proper city or
municipal courts. He shall also receive and keep the records of proceedings
submitted to him by the various conciliation panels.
The barangay secretary = secretary of the lupon
Functions –
- Record the results of mediation proceedings
- Submit a report to the proper city or municipal courts
- Receive and keep the records of proceedings submitted to him/her
SECTION 404. PANGKAT NG
TAGAPAGKASUNDO
(a) There shall be constituted for each dispute brought before the lupon a
conciliation panel to be known as the pangkat ng tagapagkasundo,
hereinafter referred to as the pangkat, consisting of three (3) members who
shall be chosen by the parties to the dispute from the list of members of the
lupon. Should the parties fail to agree on the pangkat membership, the same
shall be determined by lots drawn by the lupon chairman.
(b) The three (3) members constituting the pangkat shall elect from among
themselves the chairman and the secretary. The secretary shall prepare the
minutes of the pangkat proceedings and submit a copy duly attested to by
the chairman to the lupon secretary and to the proper city or municipal court.
He shall issue and cause to be served notices to the parties concerned. The
lupon secretary shall issue certified true copies of any public record in his
custody that is not by law otherwise declared confidential.
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
What will happen if there is a dispute brought before the lupon?
- A conciliation panel shall be made – “Pangkat ng Tagapagkasundo” or
“Pangkat”
Composition of the Pangkat –
- 3 members
- Chosen by the parties to the dispute from a list of members of the lupon
What will happen if the parties fail to agree?
- The lupon chairman shall draw lots
Functions of a lupon secretary –
- Prepare the minutes
- Submit a copy duly attested to by the chairman of the lupon
- Issue and cause to be served notices to the parties concerned
- Issue certified true copies of any public record in his custody that is not by
law otherwise declared confidential
SECTION 405. VACANCIES IN THE PANGKAT
Any vacancy in the pangkat shall be chosen by the parties to the dispute
from among the other lupon members. Should the parties fail to agree on a
common choice, the vacancy shall be filled by lot to be drawn by the lupon
chairman.
What if there is a vacancy in the Pangkat?
- They will choose among the lupon members
- Or if there is failure to agree, the lupon chairman shall draw lots
SECTION 406. CHARACTER OF OFFICE
AND SERVICE OF LUPON MEMBERS
(a) The lupon members, while in the performance of their official duties or on
the occasion thereof, shall be deemed as persons in authority, as defined in
the Revised Penal Code.
80

(b) The lupon or pangkat members shall serve without compensation, except
as provided for in Section 393 and without prejudice to incentives as
provided for in this Section and in Book IV of this Code. The Department of
the Interior and Local Government shall provide for a system of granting
economic or other incentives to the lupon or pangkat members who
adequately demonstrate the ability to judiciously and expeditiously resolve
cases referred to them. While in the performance of their duties, the lupon or
pangkat members, whether in public or private employment, shall be
deemed to be on official time, and shall not suffer from any diminution in
compensation or allowance from said employment by reason thereof.
Are lupon members persons in authority?
Yes. According to the Revised Penal Code, they are.
Do lupon members have compensation?
General rule: No, they shall serve without compensation.
Exception: Section 393 says otherwise, and without prejudice to incentives
as provided for in this Code.
Which department shall provide for the granting of incentives?
- The Department of Interior and Local Government (DILG) to those who
adequately demonstrate the ability to judiciously and expeditiously resolve
ceases referred to them.
SECTION 407. LEGAL ADVICE ON MATTERS
INVOLVING QUESTIONS OF LAW
The provincial, city legal officer or prosecutor or the municipal legal officer
shall render legal advice on matters involving questions of law to the punong
barangay or any lupon or pangkat member whenever necessary in the
exercise of his functions in the administration of the Katarungang
Pambarangay.
Who shall render legal advice?
- The provincial, city legal officer or prosecutor
- The municipal legal officer
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
Can they render legal advice all the time?
No, only whenever necessary in the exercise of his functions in the
administration of the Katarungang Pambarangay.
SECTION 408. SUBJECT MATTER
FOR AMICABLE SETTLEMENT;
EXCEPTION THERETO
The lupon of each barangay shall have authority to bring together the parties
actually residing in the same city or municipality for amicable settlement of
all disputes except:
(a) Where one party is the government, or any subdivision or instrumentality
thereof;
(b) Where one party is a public officer or employee, and the dispute relates
to the performance of his official functions;
(c) Offenses punishable by imprisonment exceeding one (1) year or a fine
exceeding Five thousand pesos (P5,000.00);
(d) Offenses where there is no private offended party;
(e) Where the dispute involves real properties located in different cities or
municipalities unless the parties thereto agree to submit their differences to
amicable settlement by an appropriate lupon;
(f) Disputes involving parties who actually reside in barangays of different
cities or municipalities, except where such barangay units adjoin each other
and the parties thereto agree to submit their differences to amicable
settlement by an appropriate lupon;
(g) Such other classes of disputes which the President may determine in the
interest of justice or upon the recommendation of the Secretary of Justice.
The court in which non-criminal cases not falling within the authority of the
81

lupon under this Code are filed may, at any time before trial, motu proprio
refer the case to the lupon concerned for amicable settlement.
Government (of the Republic of the Philippines) – The corporate
governmental entity through which the functions of government are
exercised.
Political subdivision – The territorial and political subdivisions of the
Republic of the Philippines are the:
- Provinces
- Cities
- Municipalities
- Barangays
- Autonomous Regions in Muslim Mindanao
- Cordillera Administrative Region
Instrumentality – Any agency of the National Government, not integrated
within the department framework vested within special functions or
jurisdiction by law, endowed with some if not all corporate powers,
administering special funds, and enjoying operational autonomy, usually
through a charter.
Public officer – An officer as is required by law to be elected or appointed,
who has a designation or title given to him by law, and who exercises
functions concerning the public, assigned to him by law.
ü The lupon has the authority to settle amicably all types of disputes
involving parties who actually reside in the same city or municipality.
ü The conciliation process at the barangay level, prescribed by PD 1508
as a pre-condition for filing a complaint in court, is compulsory not only
for cases falling under the exclusive competent of the MTC
(metropolitan and municipal), but for actions cognizable by the RTC as
well. It is submitted that this case is still good law since Section 2 of PD
1508 is substantially similar to Section 408 of the Code.
The ff matters cannot be compromised under the New Civil Code:
(1) The civil status of persons;
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
(2) The validity of a marriage or legal separation;
(3) Any ground for legal separation;
(4) Future support;
(5) The jurisdiction of courts;
(6) Future legitime; and
(7) Criminal liability.
Any compromise agreements on these matters shall be null and void.
Is compliance required where residence of parties are in different cities
or municipalities?
No. The dispute is excepted from the requirement of referral to the barangay
lupon or pangkat for conciliation or settlement prior to filing with the court.
In procedural law – Specifically for purposes of venue it has been held that
the residence of a person is his personal, actual, or physical habitation or his
actual residence or place of abode, which may not necessarily be his legal
residence or domicile provided he resides therein with continuity and
consistency.
Is compliance required where parties are actually residing in different
cities or municipalities?
No. There is no requirement for them to submit their dispute involving real
property to the Lupong Tagapamayapa.
Can a corporation be impleaded?
No. Section 1, Rule VI of the Katarungang Pambarangay Rules provide, that
only individuals shall be parties to these proceedings either as complainants
or respondents. No complaint by or against corporations, partnerships, or
other juridical entities shall be filed, received, or acted upon.
SECTION 409. VENUE
(a) Disputes between persons actually residing in the same barangay shall
be brought for amicable settlement before the lupon of said barangay.
82
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

(b) Those involving actual residents of different barangays within the same To whom can objections to venue be confronted?
city or municipality shall be brought in the barangay where the respondent or - Secretary of Justice, or duly designated representative
any of the respondents actually resides, at the election of the complainant. - Such ruling shall be binding

(c) All disputes involving real property or any interest therein shall be brought
SECTION 410. PROCEDURE FOR
in the barangay where the real property or the larger portion thereof is
situated. AMICABLE SETTLEMENT
(d) Those arising at the workplace where the contending parties are (a) Who may initiate proceeding - Upon payment of the appropriate filing
employed or at the institution where such parties are enrolled for study, shall fee, any individual who has a cause of action against another individual
be brought in the barangay where such workplace or institution is located. involving any matter within the authority of the lupon may complain, orally or
Objections to venue shall be raised in the mediation proceedings before the in writing, to the lupon chairman of the barangay.
punong barangay; otherwise, the same shall be deemed waived. Any legal
question which may confront the punong barangay in resolving objections to (b) Mediation by lupon chairman - Upon receipt of the complaint, the lupon
venue herein referred to may be submitted to the Secretary of Justice, or his chairman shall within the next working day summon the respondent(s), with
duly designated representative, whose ruling thereon shall be binding. notice to the complainant(s) for them and their witnesses to appear before
him for a mediation of their conflicting interests. If he fails in his mediation
Venue of disputes effort within fifteen (15) days from the first meeting of the parties before him,
Between persons actually he shall forthwith set a date for the constitution of the pangkat in accordance
Lupon of the said barangay
residing in the same barangay with the provisions of this Chapter.
Brought in the barangay where the
Between actual residents of
respondent or any of the (c) Suspension of prescriptive period of offenses - While the dispute is
different barangays within the
respondents actually resides, at the under mediation, conciliation, or arbitration, the prescriptive periods for
same city or municipality
election of the complainant. offenses and cause of action under existing laws shall be interrupted upon
In the barangay where the real filing of the complaint with the punong barangay. The prescriptive periods
Involving real property or any
property or the larger portion is shall resume upon receipt by the complainant of the complaint or the
interest therein
situated. certificate of repudiation or of the certification to file action issued by the
Workplace where the contending lupon or pangkat secretary: Provided, however, That such interruption shall
parties are employed In the barangay where such not exceed sixty (60) days from the filing of the complaint with the punong
Institution where such parties are workplace or institution is located. barangay.
enrolled for study
(d) Issuance of summons; hearing; grounds for disqualification - The
When can objections be raised? pangkat shall convene not later than three (3) days from its constitution, on
- During the mediation proceedings before the punong barangay the day and hour set by the lupon chairman, to hear both parties and their
- If not, it shall be deemed waived witnesses, simplify issues, and explore all possibilities for amicable
settlement. For this purpose, the pangkat may issue summons for the
personal appearance of parties and witnesses before it. In the event that a

83

party moves to disqualify any member of the pangkat by reason of
relationship, bias, interest, or any other similar grounds discovered after the
constitution of the pangkat, the matter shall be resolved by the affirmative
vote of the majority of the pangkat whose decision shall be final. Should
disqualification be decided upon, the resulting vacancy shall be filled as
herein provided for.
(e) Period to arrive at a settlement - The pangkat shall arrive at a
settlement or resolution of the dispute within fifteen (15) days from the day it
convenes in accordance with this section. This period shall, at the discretion
of the pangkat, be extendible for another period which shall not exceed
fifteen (15) days, except in clearly meritorious cases.
ü Contempt powers are not presumed to be granted by the legislature as
it constitutes a potential derogation of individual rights.
ü The lupon cannot exact obedience for its orders through citation for
contempt of offending parties.
ü However, the lupon is not without a remedy.
SECTION 411. FORM OF SETTLEMENT
All amicable settlements shall be in writing, in a language or dialect known to
the parties, signed by them, and attested to by the lupon chairman or the
pangkat chairman, as the case may be. When the parties to the dispute do
not use the same language or dialect, the settlement shall be written in the
language or dialect known to them.
Requisites –
- Must be in writing
- Must be in a language or dialect known to the parties
• If the parties do not use the same language or dialect, the settlement
shall be written in the language or dialect known to the both of them
- Parties must sign them
- Must be attested by the lupon chairman, or the pangkat chairman
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
SECTION 412. CONCILIATION
(a) Pre-condition to Filing of Complaint in Court. - No complaint, petition,
action, or proceeding involving any matter within the authority of the lupon
shall be filed or instituted directly in court or any other government office for
adjudication, unless there has been a confrontation between the parties
before the lupon chairman or the pangkat, and that no conciliation or
settlement has been reached as certified by the lupon secretary or pangkat
secretary as attested to by the lupon or pangkat chairman or unless the
settlement has been repudiated by the parties thereto.
(b) Where Parties May Go Directly to Court. - The parties may go directly
to court in the following instances:
(1) Where the accused is under detention; (2) Where a person has
otherwise been deprived of personal liberty calling for habeas corpus
proceedings;
(2) Where actions are coupled with provisional remedies such as
preliminary injunction, attachment, delivery of personal property, and
support pendente lite; and
(c) Where the action may otherwise be barred by the statute of
limitations. – The customs and traditions of indigenous cultural
communities shall be applied in settling disputes between members of the
cultural communities.
ü The objection should be seasonably made before the court first taking
cognizance of the complaint, and must be raised in the Answer, or in
such other pleading allowed under the Rules of Court.
When is substantial compliance needed –
(1) Parties met at the office of the barangay chairman for possible
settlement;
(2) No agreement was reached; and
(3) The barangay chairman issued the certification to file action without
forming the pangkat ng tagapagkasundo.
84

ü The confrontation before the lupon chairman or the pangkat is sufficient
compliance with the pre-condition for filing the case in court
notwithstanding the mandate of Section 410(b).
ü Failure of the parties to appear before the pangkat does not cause any
prejudice to the case for private respondents as they refused
conciliation before the barangay chairman and observed their sham
insistence for a meeting before the pangkat.
SECTION 413. ARBITRATION
(a) The parties may, at any stage of the proceedings, agree in writing that
they shall abide by the arbitration award of the lupon chairman or the
pangkat. Such agreement to arbitrate may be repudiated within five (5) days
from the date thereof for the same grounds and in accordance with the
procedure hereinafter prescribed. The arbitration award shall be made after
the lapse of the period for repudiation and within ten (10) days thereafter.
(b) The arbitration award shall be in writing in a language or dialect known to
the parties. When the parties to the dispute do not use the same language or
dialect, the award shall be written in the language or dialect known to them.
May such agreement be repudiated?
Yes, within 5 days from the date thereof for the same grounds and in
accordance with the procedure hereinafter prescribed.
When can the arbitration be awarded?
- It shall be made after the lapse of the period for repudiation and within 10
days thereafter.
Requisites –
(1) It must be agreed to by the parties;
(2) It must be in writing; and
(3) It must be in a language or dialect known to the parties.
• If the parties do not use the same language or dialect, the award shall
be written in the language or dialect known to them.
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
SECTION 414. PROCEEDINGS OPEN
TO THE PUBLIC; EXCEPTION
All proceedings for settlement shall be public and informal: Provided,
however, That the lupon chairman or the pangkat chairman, as the case may
be, may motu proprio or upon request of a party, exclude the public from the
proceedings in the interest of privacy, decency, or public morals.
General rule: All proceedings shall be public and informal.
Exceptions:
- Upon request of a party
- On the ground of privacy, decency, or public morals
SECTION 415. APPEARANCE
OF PARTIES IN PERSON
In all katarungang pambarangay proceedings, the parties must appear in
person without the assistance of counsel or representative, except for minors
and incompetents who may be assisted by their next-of-kin who are not
lawyers.
General rule: Must appear without assistance of counsel or a representative
Exceptions:
- Minors
- Incompetents who may be assisted by their next-of-kin who are not lawyers
SECTION 416. EFFECT OF AMICABLE
SETTLEMENT AND ARBITRATION AWARD
The amicable settlement and arbitration award shall have the force and
effect of a final judgment of a court upon the expiration of ten (10) days from
the date thereof, unless repudiation of the settlement has been made or a
petition to nullify the award has been filed before the proper city or municipal
court.
85
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

However, this provision shall not apply to court cases settled by the lupon
under the last paragraph of Section 408 of this Code, in which case the
compromise settlement agreed upon by the parties before the lupon
chairman or the pangkat chairman shall be submitted to the court and upon
approval thereof, have the force and effect of a judgment of said court.
- Date of receipt of the award;
- From the date the obligation stipulated in the settlement; or
- Adjudged in the arbitration award becomes due and demandable
Method of executing amicable settlements and arbitration awards –

General rule: Where no repudiation was made during the 10-day period, the Disputants file a
motion with the Punong Barangay Punong Barangay
amicable settlement attains the status of finality and it becomes the Punong barangay, shall set the same for
copy will be furnished hearing on a date shall give immediate
ministerial duty of the court to implement and enforce it. to the other disputants agreed to by the notice of hearing to
the other party
Exception: When the imperatives of substantial justice, or facts that may for the execution of a movant
final settlement
have transpired after the finality of judgment which would render its
execution unjust, may warrant the suspension of execution of a decision that
has become final and executory.
During the hearing, Notice must
the PB shall ascertain PB shall determine intellegently refer to
SECTION 417. EXECUTION the fact of non-
compliance with the
w/n voluntary
compliance can be
the settlement or
award and the
terms of the secured amount actually due
settlement or award thereunder
The amicable settlement or arbitration award may be enforced by execution
by the lupon within six (6) months from the date of the settlement. After the
lapse of such time, the settlement may be enforced by action in the ü If there is no voluntary compliance upon the lapse of the five-day period,
appropriate city or municipal court. he shall issue a notice of execution in the name of the Lupong
Tagapamayapa.
ü Contempt powers are not presumed to be granted by the legislature as
it constitutes a potential derogation of individual rights.
ü The lupon cannot exact obedience for its orders through citation for Method of execution depends on the character of the judgment
contempt of offending parties. obligation –
ü The lupon is not without a remedy. The functions executed by the lupon - If the execution for the payment of money – The party obligated is
have been classified as quasi-judicial in nature, and may invoke the aid allowed a period of 5 days to make a voluntary payment, failing which, the
of the RTC to punish the contumacy or refusal as contempt. PB shall take possession of sufficient personal property located in the
barangay, of the party obliged to satisfy the settlement or award from the
When settlement or award may be executed before the lupon? proceeds of the sale.
General rule: Upon the expiration of 10 days from the date of settlement or - If sufficient personal property exists – The party obligated is allowed to
receipt of award. point out which of them shall be taken possession of ahead of the others.
Exception: When repudiation of the settlement has been made or a petition - If personal property is not sufficient to satisfy the settlement or award
to nullify the award has been filed prior to the expiration of the said period. – The deficiency shall be satisfied in accordance with the applicable
provisions of the Rules of Court.
When may it be enforced?
- Within 6 months from the date of the settlement;

86
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

- The sale conveys to the purchaser all the right which the party obliged had
Notice of sale in such property on the day the execution was levied.

Disposition of proceeds of the sale –

In case of perishable property -
Immediately posting upon taking
possession of a written notice of
the time and place of the sale in 3
public places in the barangay
where the sale is to take place for
not less than 24 hours prior to the
sale.
In case of other personal
property - Immediately posting
upon taking possession thereof a
similar notice in 3 public places in
the barangay where the sale is to
take place, for not less than 5 nor
more than 10 days.
- The PB shall pay to the prevailing party so much of the proceeds of the
sale as will satisfy the settlement or award.
- Any excess in the proceeds over the settlement or award must be delivered
to the party obligated.
- When the prevailing party is the purchaser, he shall pay to the party obliged
only such amount as exceeds the amount of the settlement or award.

The PB shall oust therefrom the

Manner of sale – If it be for the delivery or person against whom the settlement
- All sales of personal property under execution – restitution of property located in or award is rendered and place the
• Must be made at a public auction; the barangay? party entitled thereto in possession
• Given to the highest bidder; of such property.
• Done between 8am and 5pm; and
• Must be at the place indicated in the notice. The PB issuing the notice shall
- After sufficient property has been sold to satisfy the execution, no more If it be for the delivery or authorize the PB of the barangay
shall be sold. restitution of property located in where the property is situated to take
- The personal property must be sold within view of those attending the sale. another barangay of the same city possession of the property and to act
- The party obliged, if present at the sale, may direct the order in which or municipality? in accordance with the
personal property shall be sold. abovementioned.
- At any time before the sale of property on execution, the party obliged may
If a settlement or award directs a
prevent the sale by paying the amount required by the order of execution.
party to execute a conveyance of The PB may direct the Lupon
land, or to deliver deeds or other Secretary to perform the act at the
Who cannot purchase?
documents, or to perform any cost of the disobedient party and the
- The Punong Barangay
other specific act, and the party act when so done shall like effects
- The Lupon Secretary
fails to comply within the time as if done by the party.
- Any of the members of the Lupon
specified?
Conveyance to purchaser of personal property –
- When the purchaser of any personal property, capable of manual delivery, - The satisfaction of a settlement or award shall be entered by the PB or
pays the purchaser money, the Punong Barangay making the sale must Barangay Secretary, in his record upon the return of the PB of an execution
deliver the property to the purchaser and, if desired, execute and deliver to satisfied, or upon the filing of an admission of satisfaction of the settlement
him a certificate of sale. or award.

87

Property exempt from execution before the lupon –
(1) The debtor’s family home constituted in accordance with the Family
Code;
(2) Tools and implements necessarily used by him in his trade or
employment;
(3) Two horses, or two cows, or two carabaos, or other beasts of burden,
such as the debtor may select, and necessarily used by him in his
ordinary occupation;
(4) His necessary clothing, and that of all his family;
(5) Household furniture and utensils necessary for housekeeping, and used
for that purpose by the debtor;
(6) Provisions for individual or family use sufficient for four months;
(7) The professional libraries of attorneys, judges, physicians, pharmacists,
dentists, engineers, surveyors, clergymen, teachers, and other
professionals;
(8) One fishing boat, net, and other fishing paraphernalia of the party
obliged who is a fisherman, by the lawful use of which he earns a
livelihood;
(9) So much of the earnings of the party obliged for his personal services
within the month preceding the levy as are necessary for the support of
his family;
(10) Lettered gravestones;
(11) All moneys, benefits, privileges, or annuities accruing or in any manner
growing out of any life insurance, provided the proceeds therefrom shall
not exceed P100,000.00;
(12) The right to receive legal support, or money or property obtained as
such support, or any pension or gratuity from the government; and
(13) Copyrights and other properties especially exempted by law.
But no article or species of property mentioned shall be exempt from
execution issued upon a settlement or award for its price or for a mortgage
thereon.
Two-tiered mode of enforcement of an amicable settlement –
(1) By execution of the PB which is quasi-judicial and summary in nature on
mere motion of the party/parties entitled; and
(2) By an action in regular form, which remedy is judicial.
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
ü Under this section, the Code grants a party a period of six months to
enforce the amicable settlement by the Lupon through the PB before
such party may resort to filing an action with the courts to enforce the
settlement.
What’s the reason for this?
- The law wants to afford the parties during the 6-mon time line a simple,
speedy, and less expensive enforcement of their settlement before the
Lupon.
Venue for an action for the enforcement of the amicable settlement?
- Rule 4, Section 1 of the Rules of Court
• Actions affecting title to or possession of real property, or
interest – Tried in the proper court which has jurisdiction over the
area wherein the real property, or a portion is situated.
• Forcible entry and detainer actions – Municipal Trial Court of the
municipality or city wherein the real property involved, or a portion is
situated.
- Rule 5, Section 1 of the Rules of Court
• The procedure in the Municipal Trial Courts shall be the same as in
the Regional Trial Courts, except:
o Where a particular provision expressly or impliedly applies only
to either of said courts; or
o In civil cases governed by the Rule on Summary Procedure.
Application –
General rule: The Amicable Settlement reached by the parties before the
Barangay Lupon is susceptible to legal enforcement.
Exception: When the Local Government Code mandates that it is the Lupon
itself which is tasked to enforce by execution the amicable settlement or
arbitration award within 6 mos. from the date of settlement.
ü Upon the lapse of such time, the settlement may only be enforced by
filing an action before the appropriate court.
88

SECTION 418. REPUDIATION
Any party to the dispute may, within ten (10) days from the date of the
settlement, repudiate the same by filing with the lupon chairman a statement
to that effect sworn to before him, where the consent is vitiated by fraud,
violence, or intimidation. Such repudiation shall be sufficient basis for the
issuance of the certification for filing a complaint as hereinabove provided.
Who may repudiate the settlement?
- Any party to the dispute
When may it be repudiated?
- Within 10 days from the date of the settlement
- By filing with the lupon chairman a statement
What are the grounds for repudiation?
- Fraud
- Violence
- Intimidation
Requisites for a fraud to vitiate consent –
(1) It must have been employed by one contracting party upon the other;
(2) It must have induced the other party to enter into the contract;
(3) It must have been serious; and
(4) It must have resulted in damage or injury to the party seeking
annulment.
Requisites for violence to vitiate consent –
(1) Physical force employed must be irresistible, or of such degree that the
victim has no other course, under the circumstances, but to submit; and
(2) That such force is the determining cause in giving the consent to the
contract.
Requisites for intimidation to vitiate consent –
(1) The intimidation must be the determining cause of the contract, or must
have caused the consent to be given;
(2) The threatened act be unjust or unlawful;
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
(3) The threat be real and serious, there being an evident disproportion
between the evil and the resistance which all men can offer, leading to
the choice of the contract as the lesser evil; and
(4) It produces a reasonable and well-grounded fear from the fact that the
person from whom it comes has the necessary means or ability to inflict
the threatened injury.
SECTION 419. TRANSMITTAL OF
SETTLEMENT AND ARBITRATION
AWARD TO THE COURT
The secretary of the lupon shall transmit the settlement or the arbitration
award to the appropriate city or municipal court within five (5) days from the
date of the award or from the lapse of the ten-day period repudiating the
settlement and shall furnish copies thereof to each of the parties to the
settlement and the lupon chairman.
Who shall transmit the settlement or arbitration award?
- The Lupon Secretary
To whom shall it be transmitted?
- To the appropriate city or municipal court
When?
- Within 5 days from the date of the award; or
- From the lapse of the 10-day period repudiating the settlement
What shall the LS do?
- Furnish copies to each of the parties to the settlement and the lupon
chairman
89

SECTION 420. POWER TO
ADMINISTER OATHS
The punong barangay, as chairman of the Lupong Tagapamayapa, and the
members of the pangkat are hereby authorized to administer oaths in
connection with any matter relating to all proceedings in the implementation
of the Katarungang Pambarangay.
Who shall authorize to administer oaths?
- The Punong Barangay
- Members of the pangkat
SECTION 421. ADMINISTRATION;
RULES AND REGULATIONS
The city or municipal mayor, as the case may be, shall see to the efficient
and effective implementation and administration of the Katarungang
Pambarangay. The Secretary of Justice shall promulgate the rules and
regulations necessary to implement this Chapter.
SECTION 422. APPROPRIATIONS
Such amount as may be necessary for the effective implementation of the
Katarungang Pambarangay shall be provided for in the annual budget of the
city or municipality concerned.
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
DISCLAIMER
There is already a new rule which was approved last 15 January 2016, the
Republic Act No. 10742 or the "Sangguniang Kabataan Reform Act of 2015".
THE SANGGUNIANG KABATAAN
REFORM ACT OF 2015
SECTION 1. Title. This Act shall be known as the "Sangguniang Kabataan
Reform Act of 2015".
SEC. 2. Declaration of State Policies and Objectives. - The State
recognizes the vital role of the youth in nation-building and thus, promotes
and protects their physical, moral, spiritual, intellectual and social well-being,
inculcates in them patriotism, nationalism and other desirable values, and
encourages their involvement in public and civic affairs.
Towards this end, the State shall establish adequate, effective, responsive
and enabling mechanisms and support systems that will ensure the
meaningful participation of the youth in local governance and in nation-
building.
SEC. 3. Definition of Terms. - For purposes of this Act, the following terms
are hereby defined:
• Commission shall refer to the National Youth Commission created
under Republic Act No. 8044;
• Local Chief Executive shall refer to the provincial governor, city and
municipal mayor;
• Local Government Operations Officer shall refer to the duly
designated head of the office of the Department of the Interior and Local
Government (DILG) stationed in the concerned local government unit;
• Local Sanggunian shall refer to the sangguniang panlalawigan,
sangguniang panlungsod and sangguniang bayan;
• Youth Affairs Provincial Officer shall refer to the person duly
appointed or designated by the Commission to serve as its agent in the
province with the tasks provided for in this Act or as the Commission
may deem necessary;
• Youth shall refer to those persons whose ages range from fifteen (15)
to thirty (30) years old as defined in Republic Act No. 8044;
90

• Youth Organizations shall refer to those organizations whose
membership/ composition are the youth; and
• Youth-Serving Organizations shall refer to those registered
organizations whose principal programs, projects and activities are
youth-oriented and youth-related.
SEC. 4. Katipunan ng Kabataan. - There shall be in every barangay a
Katipunan ng Kabataan to be composed of all citizens of the Philippines
residing in the barangay for at least six (6) months, who are at least fifteen
(15) but not more than thirty (30) years of age, and who are duly registered
in the list of the Commission on Elections (COMELEC) and/or the records of
the Sangguniang Kabataan secretary.
Qualifications of a Katipunan ng Kabataan?
- Citizen of the Philippines
- Residing in the barangay for at least 6 months
- At least 15 years old but not more than 30 years old
- Duly registered in the list of COMELEC or the SK Secretary
SEC. 5. Powers and Functions of the Katipunan ng Kabataan. - The
Katipunan ng Kabatan shall: Elect the Sangguniang Kabataan chairperson
and members; and Serve as the highest policy-making body to decide on
matters affecting the youth in the barangay. As such, the Sangguniang
Kabataan shall consult and secure the concurrence of the Katipunan ng
Kabataan in the formulation of all its, programs, plans and activities.
What are the powers and functions of the Katipunan ng Kabataan?
- Elect the SK Chairperson and members
- Serve as the highest policy-making body to decide on matters affecting the
youth in the barangay
SEC. 6. Meetings of the Katipunan ng Kabataan. - The Katipunan ng
Kabataan shall meet at least once every six (6) months, or at the call of the
chairperson of the Sangguniang Kabataan or upon written petition of at least
one-twentieth (1/20) of its members, to decide on important issues affecting
the youth of the barangay.
When shall the KK meet?
- Once every 6 months
- At the call of the SK Chairperson
- Upon written petition of at least 1/20 of its members
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
What are the meetings for?
- To decide on important issues affecting the youth of the barangay
SEC. 7. Creation and Election of the Sangguniang Kabataan. - There
shall be in every barangay a Sangguniang Kabataan to be composed of a
chairperson and seven (7) members who shall be elected by the registered
voters of the Katipunan ng Kabataan. The Sangguniang Kabataan
chairperson/shall, with the concurrence of the majority of the Sangguniang
Kabataan members, appoint from among the members of the Katipunan ng
Kabataan, a secretary and a treasurer.
Membership of the SK
- SK chairperson
- 7 members
Election of the SK
- They shall be elected by the registered voters of the KK
SEC. 8. Powers and Functions of the Sangguniang Kabataan. - The
Sangguniang Kabataan shall:
(1) In consultation and with the concurrence of the Katipunan ng Kabataan,
and within three (3) months from assumption to office, formulate a three
(3)-year rolling plan, which shall be known as the Comprehensive
Barangay Youth Development Plan, which shall serve as basis in the
preparation of the Annual Barangay Youth Investment Program. This
plan shall be aligned with the Philippine Youth Development Plan
(PYDP) and other Local Youth Development Plans in every level,
municipal, city and provincial as is relevant;
(2) Approve the annual budget which is the annual slice of the Annual
Barangay Youth Investment Program before the start of the succeeding
fiscal year and, if the Sangguniang Kabataan funds allow, a
supplemental budget. Any changes in the annual budget shall be in
accordance with existing applicable budget rules and procedures;
(3) Promulgate resolutions necessary to carry out the objectives of the
youth in the barangay in accordance with the Comprehensive Barangay
Youth Development Plan and the applicable provisions of this Act;
(4) Initiate and implement, in coordination with any national government
agency and/or any private or nongovernment institution, programs and
projects designed to promote general welfare, development and
empowerment of the youth;
(5) Hold fund-raising activities which are in line with the Comprehensive
Barangay Youth Development Plan, the proceeds of which shall be tax-
exempt and shall accrue to the general fund of the Sangguniang
91

Kabataan: Provided, however, That in the appropriation thereof, the
specific purpose for which such activity has been held shall be first
satisfied: Provided, further, That any appropriation thereof shall be in
accordance with existing applicable budget, accounting and auditing
rules and regulations;
(6) Create regular and special committees and such other bodies whose
chairpersons and members of which shall come from among the
members of the Sangguniang Kabataan or from among the members of
the Katipunan ng Kabataan, as it may deem necessary to effectively
carry out its programs and activities;
(7) Submit the annual and end-of-term program accomplishments and
financial reports to the Sangguniang Barangay and present the same
during the Katipunan ng Kabataan assembly, copy furnished the Office
of the Local Government Operations Officer and Local Youth
Development Council (LYDC), all in accordance with the prescribed
form by the DILG and the Commission;
(8) Partner with the LYDC in planning and executing projects and programs
of specific advocacies like good governance, climate change adaptation,
disaster risk reduction and resiliency, youth employment and livelihood,
health and anti-drug abuse, gender sensitivity, and sports development;
(9) Adopt and implement a policy on full public disclosure of all its
transactions and documents involving public interest; and
(10) Exercise such other powers and perform such other functions as may
be prescribed by law or ordinance, or delegated by the Sangguniang
Barangay or the Commission.
SEC. 9. Meetings of the Sangguniang Kabataan. - (a) The Sangguniang
Kabataan shall meet regularly once a month on the date, time and place to
be fixed by the said sanggunian. Special meetings may be called by the
chairperson or any four (4) of its members by giving written notice of the
date, time, place and agenda of the meeting, which can be sent either
through personal delivery, registered mail, fax or email, to all members, and
must be received at least one (1) day in advance. The Sangguniang
Barangay and the Municipal or City Youth Development Council shall be
furnished with notices of regular and special meetings and the minutes of the
meetings thereafter.
(b) A majority of the members including the chairperson shall constitute
a quorum.
Meetings of the SK –
- Meetings are held regularly
- Once a month
- On the date, time, and place which is fixed by the SK
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
Who may call the meetings?
- The Chairperson
- Any 4 of its members
How are meetings called?
- Through a written notice
- Sent through personal delivery, registered mail, fax or email
- It must be sent at least one day in advance
SEC. 10. Qualifications. - An official of the Sangguniang Kabataan, either
elective or appointee, must be a citizen of the Philippines, a qualified voter of
the Katipunan ng Kabataan, a resident of the barangay for not less than one
(1) year immediately preceding the day of the elections, at least eighteen
(18) years but not more than twenty-four (24) years of age on the day of the
elections, able to read and write Filipino, English, or the local dialect, must
not be related within the second civil degree of consanguinity or affinity to
any incumbent elected national official or to any incumbent elected regional,
provincial, city, municipal, or barangay official, in the locality where he or she
seeks to be elected, and must not have been convicted by final judgment of
any crime involving moral turpitude.
Qualifications of a SK member –
- Must be a citizen of the Philippines
- A qualified voter of the Katipunan ng Kabataan
- A resident of the barangay for not less than 1 year immediately preceding
the day of the elections
- At least 18 years old but not more than 24 years of age on the day of the
election
- Able to read and write Filipino, English, or the local dialect
- Must not be related within the second civil degree of consanguinity or
affinity to any incumbent elected national official or to any incumbent elected
regional, provincial, city, municipal, or barangay official in the locality where
s/he seeks to be elected
- Must not be convicted by final judgment of any crime involving moral
turpitude
SEC. 11. Term of Office. - (a) The chairperson and members of the
Sangguniang Kabataan shall hold office for a fixed term of three (3) years
unless sooner removed for cause, permanently incapacitated, have died or
resigned from office.
(b) The Sangguniang Kabataan secretary and treasurer shall be coterminous
with the appointing authority unless sooner removed for cause, found to
have failed from the discharge of his or her duties, or has committed abuse
92

of authority as stipulated in existing laws pertaining to the conduct of public
officials, through a majority vote of all the members of the Katipunan ng
Kabataan in a regular or special assembly called for the purpose.
(c) A Sangguniang Kabataan official who, during his or her term of office,
shall have passed the age of twenty-four (24) years shall be allowed to serve
the remaining portion of the term for which he or she was elected.
Term of office –
General rule: A fixed term of 3 years
Exception: Sooner removed due to:
• Incapacity
• Death
• Resignation
The SK secretary and treasurer, generally, shall be coterminous with
the appointing authority, except:
- If sooner removed
- Found to have failed from the discharge of his or her duties
- Committed abuse of authority
- And through the majority vote of all the members of the Katipunan ng
Kabataan in a regular or special assembly called for the purpose
SEC. 12. Sangguniang Kabataan Chairperson. - The chairperson of the
Sangguniang Kabataan shall automatically serve as an ex officio member of
the Sangguniang Barangay upon assumption to office. As such, he or she
shall exercise the same powers, discharge the same duties and functions,
and enjoy the same privileges as the regular Sangguniang Barangay
members; and shall be the chairperson of the Committee on Youth and
Sports Development. He or she shall be entitled to a pro-rata honoraria for
every session of the Sangguniang Barangay he or she has attended.
SEC. 13. Powers and Functions of the Sangguniang Kabataan
Chairperson. - The Sangguniang Kabataan chairperson shall exercise such
powers and discharge such duties as follows:
(1) Call and preside over all meetings of the Sangguniang Kabataan, and
vote in case of a tie, and assemblies of the Katipunan ng Kabataan
except when one. (1) of the agenda to be discussed in such assembly
involves the disciplinary action against the Sangguniang Kabataan
chairperson, in which case, the highest ranking Sangguniang Kabataan
member shall preside;
(2) Take the lead in the formulation of the Comprehensive Barangay Youth
Development Plan and in the preparation and implementation of the
Annual Barangay Youth Investment Program;
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
(3) Ensure the implementation of policies, programs and projects as
contained in the Annual Barangay Youth Investment Programs, in
coordination with the Sangguniang Barangay and the Municipal or City
Youth Development Council;
(4) Sign all required documents and warrants drawn from the Sangguniang
Kabataan funds for all expenditures in the implementation of the
Comprehensive Barangay Youth Development Plan and Annual
Barangay Youth Investment Program;
(5) Exercise general supervision over the affairs and activities of the
Sangguniang Kabataan and the Katipunan ng Kabataan as well as the
official conduct of its members;
(6) With the concurrence of the Sangguniang Kabataan, appoint from
among the members of the Katipunan ng Kabataan a secretary and a
treasurer;
(7) Coordinate with the Sangguniang Barangay and other youth
organizations within his or her barangay on youth-related programs and
projects that they wish to initiate and implement; and
(8) Exercise such other powers and perform such other duties and
functions as may be prescribed by law or ordinance.
SEC. 14. Sangguniang Kabataan Secretary. - The Sangguniang Kabataan
secretary shall:
(1) Keep all the records of the Katipunan ng Kabataan, including the list of
its qualified members, youth policies, studies, research and registry of
youth and youth-serving organizations in the barangay, if any;
(2) Prepare and keep all the minutes of all assemblies of the Katipunan ng
Kabataan and of all the meetings of the Sangguniang Kabataan;
(3) Cause the posting, in the barangay bulletin board and in at least three
(3) conspicuous places within the jurisdiction of the barangay, and if
possible including the use of traditional and nontraditional media, and
make available for any person with legal purpose, all resolutions
approved by the Sangguniang Kabataan, the annual and end-of-term
reports of the programs and projects implemented by the Sangguniang
Kabataan, the Comprehensive Barangay Youth Development Plan and
Annual Barangay Youth Investment Program and the dissemination of
the same to concerned offices, institutions and individuals; and
(4) Perform such other duties and discharge such other functions as the
Sangguniang Kabataan chairperson may prescribe or direct.
SEC. 15. Sangguniang Kabataan Treasurer. - The Sangguniang Kabataan
treasurer shall:
(1) Take custody of all Sangguniang Kabataan property and funds;
93

(2) Collect and receive contributions, monies, materials, and all other
resources intended for the Sangguniang Kabataan and the Katipunan
ng Kabataan;
(3) Serve as cosignatory in all withdrawals from the Sangguniang Kabataan
funds and disburse funds in accordance with the approved annual
budget and supplemental budget, as the case may be, of the
Sangguniang Kabataan,
(4) Certify to the availability of the Sangguniang Kabataan funds whenever
necessary;
(5) Submit to the Sangguniang Kabataan and to the Sangguniang
Barangay certified and detailed statements of actual income and
expenditures at the end of every quarter and the posting of the same in
the barangay bulletin board and in at least three (3) conspicuous places
within the jurisdiction of the barangay, and if possible including the use
of traditional and nontraditional media;
(6) Render report during the regular Katipunan ng Kabataan assembly on
the financial status of the Sangguniang Kabataan; and
(7) Perform such other duties and discharge such other functions as the
Sangguniang Kabataan chairperson may prescribe or direct.
SEC. 16. Privileges of Sangguniang Kabataan Officials. - (a) All
Sangguniang Kabataan officials in good standing, whether elected or
appointed, shall, during their incumbency:
(1) Be exempt from payment of tuition and matriculation fees while enrolled
in any public tertiary school including state colleges and universities and
those locally funded public educational institutions within or nearest their
area of jurisdiction. The National Government, through the DILG, shall
reimburse said college or university the amount of the tuition and
matriculation fees;
(2) Be exempt from taking the National Service Training Program-Civic
Welfare Training Service (NSTP-CWTS) subjects. In lieu thereof,
concerned Sangguniang Kabataan officials shall submit written reports,
preferably with photographs, or other documentations of their
participation in the implementation of programs, projects and activities
as outlined in the Comprehensive Barangay Investment Program.
Absence of such reports and documentations or a finding to the contrary
upon verification of submitted reports, will disqualify the concerned
Sangguniang Kabataan officials from this privilege. The Commission on
Higher Education (CHED) and the Commission shall jointly promulgate
the guidelines for the implementation of this provision;
(3) Be excused from attending their regular classes, if they are currently
enrolled in any school, while attending then- regular or special
Sangguniang Kabataan meetings, and the Sangguniang Barangay
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
sessions, in case of the Sangguniang Kabataan chairperson. A
certification of attendance shall be issued by the Sangguniang Kabataan
secretary, attested by the Sangguniang Kabataan chairperson and duly
noted by the Punong Barangay and shall be submitted to the concerned
faculty member and the dean of the educational institution as proof of
attendance. In the case of the Sangguniang Kabataan secretary, the
Sangguniang Kabataan chairperson shall issue the certification duly
noted by the Punong Barangay. In the case of the Sangguniang
Kabataan chairperson, the barangay secretary shall issue the
certification of attendance duly noted by the Punong Barangay. Any
person who shall falsely certify as to the attendance of any
Sangguniang Kabataan official shall be criminally and administratively
liable;
(4) Be provided by the National Government with Philippine Health
Insurance Corporation (Philhealth) coverage; and
(5) Be entitled to receive actual travelling reimbursements as may be
authorized by law, and subject to the availability of funds: Provided,
That, such travel is directly related to the performance of their functions
as Sangguniang Kabataan officials and is supported by duly approved
travel order by the Punong Barangay in the case of the Sangguniang
Kabataan chairperson, or by the Sangguniang Kabataan chairperson in
the case of the other Sangguniang Kabataan officials.
(6) The Sangguniang Kabataan chairperson shall have the same privileges
enjoyed by other Sangguniang Barangay officials under this Act subject
to such requirements and limitations provided herein.
SEC. 17. Persons in Authority. - For purposes of the Revised Penal Code,
the Sangguniang Kabataan chairperson and members in each barangay
shall be deemed as persons in authority in their jurisdictions.
SEC. 18. Suspension and Removal from Office. - Any elected official of
the Sangguniang Kabataan may, after due process, be suspended for not
more than six (6) months or removed from office by majority vote of all
members of the Sangguniang Bayan or Sangguniang Panlungsod which has
jurisdiction in the barangay of the concerned Sangguniang Kabataan official
which shall be final and executory, on any of the following grounds:
(1) Absence from the regular meeting of the Sangguniang Kabataan without
valid cause for two (2) consecutive times or accumulated absences of
four (4) within a period of twelve (12) months;
(2) Failure to convene the regular assembly of the Katipunan ng Kabataan
for two (2) consecutive times;
94

(3) Failure to convene the regular Sangguniang Kabataan meetings for
three (3) consecutive months in the case of the Sangguniang Kabataan
chairperson;
(4) Failure to formulate the Comprehensive Barangay Youth Development
Plan and the Annual Barangay Youth Investment Program, or approve
the annual budget within the prescribed period of time without justifiable
reason;
(5) Failure to implement programs and projects outlined in the Annual
Barangay Youth Investment Program without justifiable reason;
(6) Four (4) consecutive absences during the regular Sangguniang
Barangay sessions without valid cause in the case of the Sangguniang
Kabataan chairperson;
(7) Conviction by final judgment of a crime involving moral turpitude; and
violation of existing laws against graft and corruption and other civil
service laws, rules and regulations; and
(8) Failure in the discharge of his or her duty or has committed abuse of
authority.
SEC. 19. Succession and Filling up of Vacancies. - (a) In case a
Sangguniang Kabataan chairperson refuses to assume office, fails to qualify,
voluntarily resigns, dies, is permanently incapacitated, is removed from
office, the Sangguniang Kabataan member who obtained the highest
number of votes in the election immediately preceding shall assume the
office of the chairperson for the unexpired portion of his or her term. In case
said member refuses to assume the position or fails to qualify, the
Sangguniang Kabataan member obtaining the next highest number of votes
shall assume the position of the chairperson for the unexpired portion of the
term.
(b) After the vacancy shall have been filled, the Sangguniang Kabataan
chairperson shall, within thirty (30) days, call for a special Katipunan ng
Kabataan assembly to elect a Sangguniang Kabataan member to complete
the membership of said sanggunian: Provided, That, such special assembly
is coordinated with the Office of the Local Government Operations Officer
and the COMELEC of the municipality or city where the concerned barangay
belongs, Such Sangguniang Kabataan member shall hold office for the
unexpired portion of the term of the vacant seat. For this purpose, any citizen
of the Philippines residing in the said barangay for at least six (6) months
who attains the age of fifteen (15) years old at the time of the special election
and who registers as member of the Katipunan ng Kabataan before the
Sangguniang Kabataan secretary shall be entitled to vote in the said special
election.
(c) All other vacancies in the office of the Sangguniang Kabataan shall be
filled in accordance with the immediately preceding provision.
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
(d) In case of suspension of the Sangguniang Kabataan chairperson, the
successor, as determined in subsection (a) of this section, shall assume the
position during the period of such suspension.
SEC. 20. Sangguniang Kabataan Funds. - The Sangguniang Kabataan
funds shall be governed by the following provisions:
(1) All the income of the barangay derived from whatever source shall
accrue to its general fund and shall, at the option of the barangay
concerned, be kept as trust fund in the custody of the city or municipal
treasurer or be deposited in a bank, preferably government-owned,
situated in or nearest to its area of jurisdiction. Such funds shall be
disbursed in accordance with the provisions of this Act. Ten percent
(10%) of the general fund of the barangay shall be set aside for the
Sangguniang Kabataan. The Sangguniang Barangay shall appropriate
the Sangguniang Kabataan funds in lump-sum which shall be disbursed
solely for youth development and empowerment purposes;
(2) The Sangguniang Kabataan shall have financial independence in its
operations, disbursements and encashment of their fund, income and
expenditures. As such, the Sangguniang Kabataan funds shall be
deposited in the name of the Sangguniang Kabataan of the concerned
barangay in a government-owned bank situated in or nearest to its area
of jurisdiction with the Sangguniang Kabataan chairperson and the
Sangguniang Kabataan treasurer as the official signatories;
(3) All Sangguniang Kabataan funds shall be allocated in an annual budget,
and if the funds allow, in a supplemental budget in accordance with the
adopted Annual Barangay Investment Program. Both the
Comprehensive Barangay Youth Development Plan and Annual
Barangay Investment Program shall give priority to programs, projects
and activities that will promote and ensure the equitable access to
quality education, environmental protection, climate change adaptation,
disaster risk reduction and resiliency, youth employment and livelihood,
health and anti-drug abuse, gender sensitivity, sports development, and
capability building which emphasizes leadership training; and
(4) The Sangguniang Bayan or Sangguniang Panlungsod shall, within sixty
(60) days upon receipt hereof, review the annual budget and
supplements1 budget of the Sangguniang Kabataan on their compliance
in the immediately preceding provision and other existing laws, rules
and regulations. Noncompliance shall render said budgets inoperative
either in whole or in part. Failure on the part of the sanggunian to
complete the review within the prescribed period shall render the said
annual budget deemed approved.
All Sangguniang Kabataan funds derived from any source shall be stated in
its financial records which shall be kept by the Sangguniang Kabataan
95

treasurer, copy furnished the sangguniang barangay, in simplified manner as
may be prescribed by the Commission on Audit (COA). All Sangguniang
Kabataan funds shall be subject to all existing accounting and auditing laws,
rules and regulations.
SEC. 21. Pederasyon ng Sangguniang Kabataan. - (a) There shall be an
organization of the Pederasyon ng mga Sangguniang Kabataan to be known
as follows:
(1) In municipalities, Pambayang Pederasyon ng mga Sangguniang
Kabataan which shall be composed of the Sangguniang Kabataan
chairpersons of barangays in the municipality;
(2) In cities, the Panlungsod na Pederasyon ng mga Sangguniang
Kabataan which shall be composed of the Sangguniang Kabataan
chairpersons of barangays in the city; and
(3) In provinces, Panlalawigang Pederasyon ng mga Sangguniang
Kabataan which shall be composed of the convenors of the Pambayan
and Panlungsod na Pederasyon ng mga Sangguniang Kabataan.
(b) The Pederasyon ng mga Sangguniang Kabataan shall, at all levels, elect
from among themselves a president, a vice president, a treasurer, a
secretary and such other officers as they may deem necessary. The
concerned Local Government Operations Officer, in coordination with the
election officer, shall facilitate the conduct of the elections which shall be
held within fifteen (15) days from the Sangguniang Kabataan elections in
case of the Pambayan and Panlungsod na Pederasyon, and within thirty (30)
days in case of the Panlalawigang Pederasyon.
(c) The manner of election, suspension and removal of the officers of the
Pederasyon at all levels and the term of office of the other officers of the
Pederasyon shall be governed by the guidelines to be jointly issued by the
DILG, the COMELEC and the Commission within sixty (60) days upon the
effectivity of this Act.
SEC. 22. Membership in the Sanggunian and Local Special Bodies. - (a)
The duly elected president of the Pederasyon ng Sangguniang Kabataan, at
all levels, shall serve as ex officio member of the Sangguniang Bayan,
Sangguniang Panlungsod and Sangguniang Panlalawigan, respectively;
(b) He or she shall be the chairperson of the Committee on Youth and Sports
Development in the said Sanggunian, and a regular member of the
Committees on Education, Environment, Employment and Livelihood, Health
and Anti-Drug Abuse, and Gender and Development;
(c) He or she shall serve as ex officio member of Local School Board, Local
Council for the Protection of Children Local Development Council, Local
Health Board Local Tourism Council and Local Peace and Order Council,
and
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
(d) He or she shall convene the LYDC every three (3) months to conduct
consultations with youth organizations.
SEC. 23. Creation. - To ensure wide and multi-sectoral youth participation in
local governance, there shall be in every province, city and municipality a
Local Youth Development Council (LYDC) which shall be called, Provincial
Youth Development Council, City Youth Development Council and Municipal
Youth Development Council, respectively. The LYDC shall be composed of
representatives of youth and youth-serving organizations in the provincial,
city, and municipal level. The LYDC shall assist the planning and execution
of projects and programs of the Sangguniang Kabataan, and the
Pederasyons in all levels.
SEC. 24. Local Youth Development Council Funds. - The LYDC shall be
funded by their respective Sangguniang Bayan, Sangguniang Panlungsod
and Sangguniang Panlalawigan.
SEC. 25. Creation. - There shall be in every province, city and municipality a
Youth Development Office which shall be headed by a youth development
officer with the rank of at least division chief. Such may be put under the
Office of the Local Chief Executive, the Office of the Planning and
Development, the Office of the Social Welfare, or in any other office deemed
appropriate by the local government unit. If the funds of the local government
unit are sufficient, it can be a separate department with divisions and units
for policy and planning, administration and finance, and programs and
operations. In the event when the local government unit has exceeded the
prescribed personal services limitations, the local chief executive may
designate existing personnel whom he or she deems fit to serve this purpose
until such time that the local government unit can already create this office.
SEC. 26. Funding. - The local government unit shall incorporate in its
annual budget such amount as may be necessary for the operation and
effective functioning of the Local Youth Development Office.
SEC. 27. Mandatory and Continuing Training Programs. - For the
purpose of emphasizing the role of the youth in nation-building and molding
them to become better citizens with the values of patriotism, nationalism and
honor as a Filipino, any Sangguniang Kabataan official, whether elected or
appointed, or any member of the LYDC must undergo the mandatory training
programs before he or she can assume office. During their incumbency, they
must attend the continuing training programs to be undertaken by the
Commission in coordination with the DILG. Deliberate failure to attend the
said training programs shall constitute sufficient ground to disqualify said
96

Sangguniang Kabataan official or LYDC member or subject them to
disciplinary actions.
SEC. 28. Components of the Mandatory Training Programs. - The
Commission and the DILG with the assistance of the Development Academy
of the Philippines (DAP), the Local Government Academy (LGA), the
University of the Philippines-National College of Public Administration and
Governance (UP-NCPAG), and in consultation with youth stakeholders shall
jointly design and implement the mandatory and continuing training
programs. The mandatory training programs1 must include among others,
the following components: (a)(1) The Philippine cultural history, political
systems ethics and ideologies; (2) The Filipino as a nation builder (3) The
Filipino youth and its role in nation-building; and (b) capability building on
leadership, program and project development and sustainability, financial
management, and accountability and transparency.
SEC. 29. Training Fund - A training fund with an initial amount of fifty million
pesos (P50,000,000.00) is hereby established and appropriated from any
available source to be managed by the Commission. Thereafter, such
amount needed for this purpose shall be included in the Annual General
Appropriations Act.
SEC. 30. Observance of Linggo ng Kabataan. -
Every barangay, municipality, city and province shall conduct an annual
activity to be known as the Linggo ng Kabataan on the week where the 12th
of August falls to coincide with the International Youth Day. The
Sangguniang Kabataan, in the case of barangay, and the respective LYDC
in cooperation with the Pederasyon ng mga Sangguniang Kabataan, in the
case of municipality, city and province, shall take the lead in this observance.
The observance of the Linggo ng Kabataan shall include the election of the
counterparts of all local elective and appointive officials, as well as heads of
national offices or agencies stationed or assigned in the territorial jurisdiction
of the local government unit, among in-school and community youth residing
in the local government concerned from ages thirteen (13) to seventeen (17).
During said week, they shall hold office as boy and girl officials and shall
perform such duties and conduct such activities as may be provided in the
ordinance enacted pursuant to this Chapter.
SEC. 31. Registration. - For purposes of the next regular Sangguniang
Kabataan election under this Act, the COMELEC shall set a special
registration of the Katipunan ng Kabataan which shall in no case be less
than one (1) month and shall include Saturdays and Sundays. Subsequent
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
registration of the Katipunan ng Kabataan shall be governed by Republic Act
No. 8189 including the system of continuing registration.
SEC. 32. Date of Election. - The Sangguniang Kabataan elections shall be
synchronized with the barangay elections and subsequently every three (3)
years thereafter.
SEC. 33. Appropriations. - The amount necessary to implement the
provisions of this Act shall be included in the Annual General Appropriations
Act.
SEC. 34. Implementing Rules and Regulations (IRR). - The Commission,
the DILG, the COMELEC, the Department of Budget and Management, the
CHED, the Department of Education, and the COA, in consultation with the
local government leagues, and various youth organizations and youth-
serving organizations shall be tasked to come up, within sixty (60) days upon
approval of this Act, with the IRR needed for the implementation of this Act.
SEC. 35. Separability Clause. - If, for any reason or reasons, any part or
provision of this Act shall be declared unconstitutional or invalid, other parts
or provisions not affected thereby shall continue to be in full force and effect.
SEC. 36. Repealing Clause. - Sections 329, 423-439 of Republic Act No.
7160, also known as "The Local Government Code of 1991"; Section 10(O)
of Republic Act No. 8044, otherwise known as "Youth In Nation-Building
Act"; Sections 1 and 2 of Republic Act No. 9340, entitled "An Act
Amending Republic Act No. 9164, Resetting the Baranagay and
Sangguniang Kabataan Elections, and for Other Purposed"; all other laws,
presidential decrees, executive orders letters of instruction, rules and
regulations or portions thereof which are inconsistent with this Act are
hereby repealed or modified accordingly.
SEC. 37. Effectivity Clause. - This Act shall take effect fifteen (15) days
after the completion of its publication in the Official Gazette or in any two (2)
newspapers of general circulation.
However, this part will not be omitted as this is the one written in the book of
Atty. Angeles and also for further reference.
97
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

Qualifications for the Katipunan ng Kabataan –

SECTION 423. CREATION AND ELECTION
- Resident in the barangay for at least 6 months
- 15 years old but not more than 21, except when the official reaches the age
(a) There shall be in every barangay a sangguniang kabataan to be
of 21 during his incumbency
composed of a chairman, seven (7) members, a secretary, and a treasurer.
- Duly registered in the list of SK or in the official barangay list

(b) A sangguniang kabataan official who, during his term of office, shall have
passed the age of twenty-one (21) years shall be allowed to serve the SECTION 425. MEETINGS OF THE
remaining portion of the term for which he was elected.
KATIPUNAN NG KABATAAN
Composition of the SK –
- Chairman
The katipunan ng kabataan shall meet at least once every three (3) months,
- 7 members
or at the call of the chairman of the sangguniang kabataan or upon written
- Secretary
petition of at least one-twentieth (1/20) of its members, to decide on
- Treasurer
important issues affecting the youth of the barangay
General rule: Must not be more than 21 years old on the day of his election
Meetings –
Exception: When the official reaches the age of 21 during his incumbency.
- Once every 3 months;
- At the call of the SK chairman; or
Functions of the National Youth Commission –
- Upon written petition of at least 1/20 of its members
(1) Establish a consultative mechanism which shall provide a forum for
continuing dialogue between the government and the youth sector on
What are the meetings for?
the proper planning and evaluation of policies, programs, and projects
- To decide on important issues affecting the youth of the barangay
affecting the youth, convening for the purpose, representatives of all
youth organizations and institutions, including the SK from barangay,
municipal, city, provincial, and national levels; and SECTION 426. POWERS AND FUNCTIONS
(2) Provide training and a national secretariat for the SK National
Federation pursuant to R.A. No. 7160.
OF THE SANGGUNIANG KABATAAN
The sangguniang kabataan shall:
SECTION 424. KATIPUNAN NG KABATAAN
(a) Promulgate resolutions necessary to carry out the objectives of the youth
The katipunan ng kabataan shall be composed of all citizens of the in the barangay in accordance with the applicable provisions of this Code;
Philippines actually residing in the barangay for at least six (6) months, who
are fifteen (15) but not more than twenty-one (21) years of age, and who are (b) Initiate programs designed to enhance the social, political, economic,
duly registered in the list of the sangguniang kabataan or in the official cultural, intellectual, moral, spiritual, and physical development of the
barangay list in the custody of the barangay secretary. members;

98

(c) Hold fund-raising activities, the proceeds of which shall be tax-exempt
and shall accrue to the general fund of the sangguniang kabataan: Provided,
however, That in the appropriation thereof, the specific purpose for which
such activity has been held shall be first satisfied;
(d) Create such bodies or committees as it may deem necessary to
effectively carry out its programs and activities;
(e) Submit annual and end-of-term reports to the sangguniang barangay on
their projects and activities for the survival and development of the youth in
the barangay ;
(f) Consult and coordinate with all youth organizations in the barangay for
policy formulation and program implementation;
(g) Coordinate with the appropriate national agency for the implementation of
youth development projects and programs at the national level;
(h) Exercise such other powers and perform such other duties and functions
as the sangguniang barangay may determine or delegate; and
(i) Exercise such other powers and perform such other duties and functions
as may be prescribed by law or ordinance.
SECTION 427. MEETINGS OF THE SK
The sangguniang kabataan shall meet regularly once a month on the date,
time, and place to be fixed by the said sanggunian. Special meetings may be
called by the sangguniang kabataan chairman or any three (3) of its
members by giving written notice to all members of the date, time, place, and
agenda of the meeting at least one (1) day in advance. Notices of regular or
special meetings shall be furnished the punong barangay and the
sangguniang barangay majority of the members of the sangguniang
kabataan shall constitute a quorum.
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
Meetings –
- Regularly
- Once a month, on the date, time, and place to be fixed by the said
sanggunian
Special meetings –
- Called by the SK chairman or any 3 of its members
- Written notice to all members of the date, time, place, and agenda, at least
1 day in advance
SECTION 428. QUALIFICATIONS
An elective official of the sangguniang kabataan must be a citizen of the
Philippines, a qualified voter of the katipunan ng kabataan, a resident of the
barangay for at least one (1) year immediately prior to election, at least
fifteen (15) years but not more than twenty-one (21) years of age on the day
of his election, able to read and write Filipino, English, or the local dialect,
and must not have been convicted of any crime involving moral turpitude.
Qualifications of an elective official of the SK
- Must be a citizen of the Philippines
- A qualified voter of the Katipunan ng Kabataan
- A resident of the barangay for at least 1 year immediately prior to election
- At least 15 years of age but not more than 21 on the day of his election
- Able to read and write Filipino, English, or the local dialect
- Must not have been convicted of any crime involving moral turpitude
SECTION 429. TERM OF OFFICE
The sangguniang kabataan chairman and members shall hold office for a
period of three (3) years, unless sooner removed for cause as provided by
law, permanently incapacitated, die or resign from office.
General rule: 3 years
Exceptions:
- Sooner removed for cause as provided by law
99
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

- Permanently incapacitated
- Dies
- Resigns.
SECTION 430. SK CHAIRMAN
The registered voters of the katipunan ng kabataan shall elect the chairman
of the sangguniang kabataan who shall automatically serve as an ex-officio
member of the sangguniang barangay upon his assumption to office. As
such, he shall exercise the same powers, discharge the same duties and
functions, and enjoy the same privileges as the regular sangguniang
barangay members, and shall be the chairman of the committee on youth
and sports development in the said sanggunian.
SECTION 431. POWERS AND DUTIES
OF THE SK CHAIRMAN
In addition to the duties which may be assigned to him by the sangguniang
barangay, the sangguniang kabataan chairman shall:
(a) Call and preside over all meetings of the katipunan ng kabataan and the
sangguniang kabataan;
(e) Exercise such other powers and perform such other duties and functions
as may be prescribed by law or ordinance.
SECTION. 432. SK SECRETARY
The sangguniang kabataan secretary shall:
(a) Keep all records of the katipunan ng kabataan and sangguniang
kabataan;
(b) Prepare and keep the minutes of all meetings of the katipunan ng
kabataan and sangguniang kabataan;
(c) Prepare all forms necessary for the conduct of registrations, elections,
initiatives, referenda, or plebiscites, in coordination with the barangay
secretary and the Comelec; and
(d) Perform such other duties and discharge such other functions as the
chairman of the sangguniang kabataan may prescribe or direct.
SECTION 433. SK TREASURER
The sangguniang kabataan treasurer shall:

(b) Implement policies, programs, and projects within his jurisdiction in

(a) Take custody of all sangguniang kabataan property and funds not
coordination with the sangguniang barangay;
otherwise deposited with the city or municipal treasurer;

(c) Exercise general supervision over the affairs and activities of the
(b) Collect and receive contributions, monies, materials, and all other
sangguniang kabataan and the official conduct of its members, and such
resources intended for the sangguniang kabataan and katipunan ng
other officers of the sangguniang kabataan within his jurisdiction;
kabataan;

(d) With the concurrence of the sangguniang kabataan, appoint from among
(c) Disburse funds in accordance with an approved budget of the
the members of the sangguniang kabataan, the secretary and treasurer, and
sangguniang kabataan;
such other officers as may be deemed necessary; and
(d) Certify to the availability of funds whenever necessary;

100

(e) Submit to the sangguniang kabataan and to the sangguniang barangay
certified and detailed statements of actual income and expenditures at the
end of every month; and
(f) Perform such other duties and discharge such other functions as the
chairman of the
SECTION 434. PRIVILEGES OF SK OFFICIALS
The sangguniang kabataan chairman shall have the same privileges enjoyed
by other sangguniang barangay officials under this Code subject to such
requirements and limitations provided herein. During their incumbency,
sangguniang kabataan officials shall be exempt from payment of tuition and
matriculation fees while enrolled in public tertiary schools, including state
colleges and universities. The national government shall reimburse said
college or university the amount of the tuition and matriculation fees:
Provided, That, to qualify for the privilege, the said officials shall enroll in the
state college or university within or nearest their area of jurisdiction.
Benefits of a SK official?
- Same benefits as a sangguniang barangay member
- Free tuition and matriculation fees while enrolled in public tertiary schools,
state colleges and universities, during their incumbency
• Such state college or university must be within or nearest their area of
jurisdiction
SECTION 435. SUCCESSION AND
FILLING OF VACANCIES
(a) In case a sangguniang kabataan chairman refuses to assume office, fails
to qualify, is convicted of a felony, voluntarily resigns, dies, is permanently
incapacitated, is removed from office, or has been absent without leave for
more than three (3) consecutive months, the sangguniang kabataan member
who obtained the next highest number of votes in the election immediately
preceding shall assume the office of the chairman for the unexpired portion
PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA
of the term, and shall discharge the powers and duties, and enjoy the rights
and privileges appurtenant to the office. In case the said member refuses to
assume the position or fails to qualify, the sanggunian member obtaining the
next highest number of votes shall assume the position of the chairman for
the unexpired portion of the term.
(b) Where two (2) or more sangguniang kabataan members obtained the
same next highest number of votes, the other sangguniang kabataan
members shall conduct an election to choose the successor to the chairman
from among the said members.
(c) After the vacancy shall have been filled, the sangguniang kabataan
chairman shall call a special election to complete the membership of said
sanggunian. Such sangguniang kabataan member shall hold office for the
unexpired portion of the term of the vacant seat.
(d) In case of suspension of the sangguniang kabataan chairman, the
successor, as determined in subsections (a) and (b) of this Section shall
assume the position during the period of such suspension.
SECTION 436. PEDERASYON NG MGA SK
(a) There shall be an organization of all the pederasyon ng mga
sangguniang kabataan to be known as follows:
(1) in municipalities, pambayang pederasyon ng mga sangguniang
kabataan;
(2) in cities, panlungsod na pederasyon ng mga sangguniang kabataan;
(3) in provinces, panlalawigang pederasyon ng mga sangguniang
kabataan;
(4) in special metropolitan political subdivisions, pangmetropolitang
pederasyon ng mga sangguniang kabataan; and
(5) on the national level, pambansang pederasyon ng mga sangguniang
kabataan.
(b) The pederasyon ng mga sangguniang kabataan shall, at all levels, elect
from among themselves the president, vice-president and such other officers
as may be necessary and shall be organized in the following manner:
101
 PUBCORP REVIEWER • MARQUEZ / MURALLOS / MACABULOS / VALENZUELA

(1) The panlungsod and pambayang pederasyon shall be composed of

the sangguniang kabataan chairmen of barangays in the city or
municipality, respectively;
(2) The panlalawigang pederasyon shall be composed of presidents of
the panlungsod and pambayang pederasyon;
(3) The pangmetropolitang pederasyon shall be composed of presidents
of the panlungsod and pambayang pederasyon;
(c) The elected presidents of the pederasyon at the provincial, highly
urbanized city, and metropolitan political subdivision levels shall constitute
the pambansang katipunan ng mga sangguniang kabataan.

SECTION 437. CONSTITUTION AND BY-LAWS

The term of office, manner of election, removal and suspension of the
officers of the pederasyon ng mga sangguniang kabataan at all levels shall
be governed by the constitution and by-laws of the pederasyon in conformity
with the provisions of this Code and national policies on youth.

SECTION 438. MEMBERSHIP IN THE

SANGGUNIAN
(a) A sangguniang kabataan chairman shall, upon certification of his election
by the Comelec and during his tenure of office is elected as pederasyon
president, serve as an ex-officio member of the sanggunian panlalawigan,
sangguniang panlungsod, and sangguniang bayan, as the case may be,
without need of further appointment.

(b) The vice-president of the pederasyon whose president has been elected
as president of a higher pederasyon shall serve as ex-officio member of the
sanggunian concerned without need of further appointment.

(c) The pederasyon president or vice-president, as the case may be, shall be
the chairman of the committee on youth and sports development of the
sanggunian concerned.

102