Republic of he Ptpines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT DDLGNAPOLCOM Can, EDSAcarnr Quezon vee, Wes Thang, Quezon Cy i ig gDH 9 (Rae unit DILG OPINION NO. _Il_ ss, 2018 Provincial Administrator 07 FEB 2016 Province of Misamis Oriental Dear Provincial Administrator Lood-Mateo: This has reference to your letter dated 03 November 2017 requesting for the Department's legal opinion on: “Whether the Executive Committee of 2 Provincial Development Council may endorse a local government unit's (LGU) Supplemental Annual Investment Plan (AIP) as a basis for its sangguniang panlalawigan to pass a resolution supplementing or amending the approved AIP of the said LGU." Relative thereto, may we invite your attention to Section 106 of Republic Act (RA) No. 7160, otherwise known as the “Local Government Code of 1991” (LGC) which provides for the creation of a local development council (LDC) in every LGU in the country and its functions, to wit: “Section 106. Local Development Councils. - (a) Each local government unit shall have a comprehensive multi-sectoral development plan to be initiated by its development council and approved by its sanggunian. For this purpose, the development council at the provincial, city, municipal, or barangay level, shall assist the corresponding sanggunian in setting the direction of economic and social development, and coordinating development efforts within its territorial jurisdiction.” In connection therewith, Section 109 (a) (2) of the LGC provides that the Provincial Development Council has the power to formulate the medium-term and annual public investment programs (AIPs) of the concerned LGU. Consequently, Section 111 (b) of the LGC enumerates the powers and functions of the Executive Committee of a local development council: “Section 11. Executive Committee. woo x. so0c@) The executive committee shall exercise the following powers and functions: (1) Ensure that the decision of the council are futhfully carried out and implemented; (@) Act on matters requiring immediate attention or action by the council; (@ Formulate policies, plans, and programs based on the general principles Jaid down by the council; and @) Act oa other matters that may be authorized by the council.” In view of the foregoing, the power to formulate annual AIPs belongs to the Development Council. Hence, it follows that they also have the power to amend the same. In your query, since you question the Executive Committee's power to endorse only to the SP as a basis to amend the approved AIP, and on the assumption that the concerned Executive Committee has been authorized by its Provincial Development Council, we see no reason why the said Executive Committee is prohibited from endorsing a Supplemental AIP of the concerned LGU for the approval of its sanggunian. Provided, however, that the following requirements are complied, to wit: (a) under Section 109 (a) (2) of the LG, it should be the LDG, in this case the Provincial Development Council, which will decide on any changes in the AIP; and (&) the sanggunian concerned, in this case the Sangguniang Panlalawigan, has complied with its rules of procedure and those prescribed under the LGC concerning the passage of a valid ordinance or resolution. ‘We hope that the Department has enlightened you on the matter. Very truly yours: By Authosity of the Secretary: AUSTERE A. PANADERO Undersecretary ego . ce Dig. ARNEL M. AGABE,CESO IV Region X1~ Northera Mindanao Maserson Avenue, Cavan De Oro Giy, Misamis Oriental