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I. LOCAL GOVERNMENT
Introduction:
This module will lay down and discuss basic concepts, principles and jurisprudence that are entrenched in the 1987 Philippine Constitution, the Local
Governments Code and other related laws about local governments.
Under the 1987 Constitution, local governments or local government units (LGUs) or municipal corporations proper are referred to as “territorial and
political subdivisions” (Section 1, Article X, 1987 Constitution).
A. Public Corporations
1. Corporation, defined
It is an artificial being created by operation of law, having the right of succession and the powers, attributes and properties expressly authorized by
law or incident to its existence. (Corporation Code, sec. 2; Act No. 1459, sec. 2)
Public Corporations Private Corporations Quasi-Public
Corporations
Corporations created by Corporations organized Private corporation that
the state as its own device wholly for the profit or renders public service or
and agency for the advantage of their own supply public wants.
accomplishment of parts of members, or some “private Organized for the gain or
its own public works. purpose, benefit, aim, or benefit of its members, but
end.” [Act. No. 1459, sec. required by law to
3] discharge functions for the
public benefit. [Phil.
Society for the Prevention
of Cruelty to Animals v.
COA(2007)]
Created by the state, either Created by the will of the May be created by special
by general or special act. incorporators, with the charter or under the
recognition of the state [i.e. general law. (e.g. utility,
through the Corporation railroad, telephone,
Code] transportation companies)]
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2. Classes of public corporations:

2. a) Quasi-Corporations
This are public corporations created as agencies of the State for a narrow and limited purpose; They do not possessed with powers and liabilities of
self-governing corporations; and take charge of some public or state work for the general welfare (other than government of a community) (Include
Quasi-Municipal Corporations e.g. water districts)
2. b) Municipal Corporation
It is a body politic and corporate constituted by the incorporation of the inhabitants of a locality for the purpose of local government. e.g. LGU
B. Municipal Corporations
Sec.1 of Art. X of the Constitution provides, “The territorial and political subdivisions of the Republic of the Philippines are the provinces, cities,
municipalities, and barangays. There shall be autonomous regions in Muslim Mindanao and the Cordilleras as hereinafter provided.”
*Note: This list is exclusive. Thus, the Congress through a statute or a simple legislation cannot create additional unit not contemplated under the
Constitution. To create additional unit, it would require constitutional amendment or revision.
1. Dual nature and functions:
Every local government unit created or organized under the Local Government 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 [Sec. 15, R.A. 7160]. Accordingly, it has dual functions, namely:
1. a) Public or governmental
It acts as an agent of the State for the government of the territory and the inhabitants.
1. b) Private or proprietary
It acts as an agent of the community in the administration of local affairs. As such, it acts as a separate entity, for its own purposes, and not
as a subdivision of the State [Bara Lidasan v. Comelec, 21 SCRA 496].
2. Elements of a Municipal Corporation:
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2. a) Legal creation or incorporation;

The law creating or authorizing the creation or incorporation of a municipal corporation.
2. b) Corporate name by which the entity is known and in which all corporate acts are done;
The Sangguniang Panlalawigan may, in consultation with the Philippine Historical Institute, change the name of component cities and
municipalities, upon the recommendation of the sanggunian concerned; provided that the same shall be effective only upon ratification in a
plebiscite conducted for the purpose in the political unit directly affected [Sec. 13, R.A. 7160].
2. c) Population which is invested with the powers of the corporation through duly constituted officers and agents; and
2. d) Territory within which the local government exercises civil and corporate functions.
The land mass where the inhabitants reside, together with the internal and external waters, and the air space above the land and waters.
3. Creation, Conversion, Division, Merger or dissolution of municipal corporations:
Sec 1. Art X of the Constitution: “The territorial and political subdivisions are the provinces, cities, municipalities, and barangays. There
shall be autonomous regions in Muslim Mindanao and the Cordilleras…”

Sec 10. Art X. of the Constitution: “No province, city, municipality, or barangay may be created, divided, merged, abolished, or its
boundaries substantially altered, except[a]in accordance with the criteria established in the Local government code; and, [b]subject to
approval by a majority of the votes cast in a plebiscite called for the purpose in the political unit or units directly affected.”
3.a.) Substantive requirements or the three verifiable indicators (Sec.7. R.A, 7160):
3. a1) Income
It must be sufficient, based on acceptable standards, to provide for all essential government facilities and services and special functions
commensurate with the size of its population, as expected of the local government unit concerned.
Average annual income should be for the last two consecutive years. In Alvarez v. Guingona, 252 SCRA 695, it was held that the Internal Revenue
Allotments (IRAs) should be included in the computation of the average annual income of the municipality (for purposes of determining whether the
municipality may be validly converted into a city).
3. a2) Population.
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It shall be determined as the total number of inhabitants within the territorial jurisdiction of the local government unit concerned.
3. a3) Land Area.
In defining the land area or territory of a local government unit, it must be contiguous, adjacent and integral. It should be landlock to avoid the
concept of Gerrymandering.
Substantive requirements: (all requirements are at minimum, i.e at least)
Income Population Land area
Barangay No income a. Outside Metro No land area
requirement Manila and not requirement except
highly urbanized for contiguity
city: 2,000

b. Within Metro
Manila and other
highly urbanized
City: 5,000
Municipality P2,500,000.00 25,000 50 sq. km
City P100,000,000.00 150,000 100 sq. km
Highly Urbanized P50,000,000.00 200,000
City
Province P20,000,000.00 250,000 2,000 sq. km

3. b. Procedural Requirement
3. b1) Plebiscite requirement:
No creation, division, merger, abolition or substantial alteration of boundaries of local government units shall take effect unless approved by a
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
Comelec within 120 days from the date of effectivity of the law or ordinance effecting such action, unless said law or ordinance fixes another date
[Sec. 10, R.A. 7160].
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If the COMELEC will fail to schedule a plebiscite within the 120-day period as mandated by the rules, the COMELEC still schedule the plebiscite. In
Cagas v. COMELEC, October 25, 2013, the COMELEC went beyond the 120-day period in conducting the plebiscite, and the Supreme Court ruled
that the same is valid because conducting the same even beyond the said period is pursuant to the COMELEC’s residual powers to conduct oversee,
manage and facilitate elections. Besides, in election law, the right to suffrage prevails over schedule mismanagement of the COMELEC.
When is Plebiscite required?
It is required when an LGU is created, divided, merged, abolished, or its boundaries substantially altered [LGC, sec. 10].
This includes:
1) Conversion (e.g. from a city to a highly urbanized city) [LGC, sec. 453]
2) Downgrading (e.g. from an independent component city to a component city) [Miranda v. Aguirre (1999), on the downgrading of Santiago, Isabela]
When is Plebiscite NOT Required?
There is no need for any plebiscite in the creation, dissolution or any other similar action on the following:
1) Legislative Districts:
Legislative districts are not political subdivisions through which functions of the government are carried out. [Bagabuyo v. COMELEC (2008)]
2) Administrative [vs. autonomous] Regions:
Administrative regions are not territorial and political subdivisions. The power to create and merge administrative regions is traditionally vested in the
President. Hence, the merger of provinces that did not vote for inclusion in the ARMM into existing administrative regions does not require a
plebiscite. [See Abbas v. COMELEC (1989)]
Who will participate in the plebiscite?
The plebiscite must be conducted “in the political units directly affected.” It means that the residents of the political entity who would be economically
dislocated by the separation of a portion thereof have the right to vote in said plebiscite. [Padilla v. COMELEC (1992)]
“Material change” as standard:
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If the creation, division, merger, abolition or substantial alteration of boundaries of an LGU will cause a material change in the political and economic
rights of a political unit, the residents of such political unit should have the right to participate in the required plebiscite. [Miranda v. Aguirra (1999)]
Thus, in determining who will participate in the plebiscite, consider both the economic and political impacts.
a. Economic Impact
Hence, in the conversion of a component city to a highly urbanized city, the residents of the province must participate. The conversion of the city will,
among others, result in reduction in taxing jurisdiction and reduced economic viability of the province. [Umali v. COMELEC (2014)]
b. Political Impact
Power of a local government unit to impose its will or its loss to its residents or constituents; to command obedience by imposing laws to its
constituents. An ordinance of an LGU is only applicable within that territorial jurisdiction of that LGU.
Note: The residents of those that are affected economically and politically shall be called to vote either to approve or disapprove.
OTHER LGUs:
a. Special Metropolitan Political Subdivisions
These are created by Congress, subject to a plebiscite. Component cities/municipalities retain their basic autonomy and are entitled to their own local
executive and legislative assemblies. The jurisdiction of the metropolitan authority that will be created shall be limited to basic services requiring
coordination. [CONST. art. X, sec. 11]
Note: The MMDA is not an LGU, much less a special metropolitan political subdivision. “The MMDA is a ‘development authority’ which is a ‘national
agency, not a political government unit.’” [MMDA v. Bel-Air (2000)] The scope of the MMDA's function is limited to the delivery of [7 basic services
enumerated in its charter.] It is not vested with police power, let alone legislative power. All its functions are administrative in nature. [MMDA v. Bel-
Air (2000)]
Division and merger

Division and merger of a local government unit shall comply with the same requirements, provided that such division shall not reduce the
income, population or land area of the local government unit or units concerned to less than the minimum requirements prescribed; provided
further that the income classification of the original local government unit or units shall not fall below its current income classification prior to
the division [Sec. 8, R.A. 7160].
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Abolition
A local government unit may be abolished when its income, population or land area has been irreversibly reduced to less than the minimum
standards prescribed for its creation, as certified by the national agencies mentioned. The law or ordinance abolishing a local government unit
shall specify the province, city, municipality or barangay with which the local government unit sought to be abolished will be incorporated or
merged [Sec. 9, R.A. 7160]. Other constitutional limitations, e.g., provisions of the Bill of Rights affording protection to rights, property and
contracts of inhabitants.

Settlement of Boundary Disputes:

Boundary disputes between and among local government units shall, as much as possible, be settled amicably. The rules on settlement of
disputes are:
a) Involving two or more barangays in the same city or municipality: referred to the sangguniang panlungsod or sangguniang bayan.
b) Involving two or more municipalities in the same province: referred to the sangguniang panlalawigan.
c) Involving municipalities or component cities in different provinces: jointly referred to the sanggunians of the provinces concerned.
d) Involving a component city or municipality on the one hand and a highly urbanized city on the other, or two or more highly urbanized
cities: jointly referred to the respective sanggunians of the parties.

In the event the sanggunian fails to effect a settlement within 60 days from the date the dispute was referred to it, it shall issue a
certification to this effect. The dispute shall then be formally tried by the sanggunian concerned which shall decide the issue within 60 days
from the date of certification.

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 postsecondary and tertiary schools;
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(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, thorough fares, 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:

(6) city and municipal Barangays, upon recommendation of the Sangguniang Barangay concerned; (7) city, municipal and Barangay roads,
avenues, boulevards, thorough fares, and bridges;
(8) city and municipal public elementary, secondary and vocational or technical schools, post-secondary and other tertiary schools;
(9) 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, 7 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.
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(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.
C. Local Government Instrumentality
Under Section (10) of the Introductory Provisions of the Administrative Code of 1987, a government “instrumentality” refers to any agency of the
National Government, not integrated within the department framework, vested with 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. A government instrumentality (GI) is
neither a stock nor a nonstock corporation (MIAA vs. CA, G.R. No. 155650, July 20, 2006).
A government instrumentality, which is operationally autonomous, remains part of the National Government machinery although not integrated with
the department framework (MIAA vs. v. CA, G.R. No. 155650, July 20, 2006). Examples of GIs are: Bangko Sentral ng Pilipinas, Philippine Rice
Research Institute, Laguna Lake Development Authority, Fisheries Development Authority, Bases Conversion Development Authority, Philippine
Ports Authority, Cagayan de Oro Port Authority, San Fernando Port Authority, Cebu Port Authority, and Philippine National Railways (MIAA vs. v. CA,
G.R. No. 155650, July 20, 2006).
D. Corporate Powers
Section 22 of the Local Government Code provides:
(a) Every local government unit, as a corporation, shall have the following powers:
(1) To have continuous succession in its corporate name;
(2) To sue and be sued;
(3) To have and use a corporate seal;
(4) To acquire and convey real or personal property;
(5) To enter into contracts; and
(6) To exercise such other powers as are granted to corporations, subject to the limitations provided in this Code and other laws.
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(b) Local government units may continue using, modify, or change their existing corporate seals: Provided, That newly established local
government units or those without corporate seals may create their own corporate seals which shall be registered with the Department of the Interior
and Local Government: Provided, further, that any change of corporate seal shall also be registered as provided herein.
(c) Unless otherwise provided in this Code, contract may be entered into by the local chief executive in behalf of the local government unit
without prior authorization by the Sanggunian concerned. A legible copy of such contract shall be posted at a conspicuous place in the provincial
capitol or the city, municipal or Barangay hall.
(d) Local government units shall enjoy full autonomy in the exercise of their proprietary functions and in the management of their economic
enterprises, subject to the limitations provided in this Code and other applicable laws.
*Requisites of Valid Municipal Contracts are:
1.) LGU has the express, implied or inherent power to enter into the particular contract;
2.) The contract is entered into by the proper department, board, committee, officer, or agent - Unless otherwise provided, no contract may be
entered into by the local chief executive without prior authorization by the Sangguinian concerned;
3.) The contract complies with substantive requirements;
4.) The contract complies with formal requirements.
E. Local Officials
Congress shall provide for the qualifications, election, appointment and removal, term, salaries, and powers and functions and duties of local officials
(Section 3, Article X, 1987 Constitution). Congress exercises legislative control over structure of LGUs.
Provisions applicable to elective and appointive local officials:
1. Prohibited Business and Pecuniary Interest [Sec. 89, R.A. 7160]:
It shall be unlawful for any local government official or employee, directly of indirectly, to:
a) 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:
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b) Hold such interests in any cockpit or other games licensed by the local government unit;
c) Purchase any real estate or other property forfeited in favor of the local government unit for unpaid taxes or assessment, or by virtue of a
legal process at the instance of the local government unit;
d) Be a surety for any person contracting or doing business with the local government unit for which a surety is required; and
e) Possess or use any public property of the local government unit for private purposes.
f) The prohibitions and inhibitions prescribed in R.A. 6713 also apply.
2. Practice of Profession [Sec. 9C, R.A. 7160].
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 those who are also members of the Bar shall not
(i) appear as counsel before any court in any civil case wherein the local government unit or any office, agency or instrumental of the government is
the adverse party;
(ii) 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;
(iii) collect any fee for their appearance in administrative proceedings involving the local government unit of which he is an official; and
(iv) 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 they do not
derive monetary compensation therefrom.
3. Prohibition against appointment [Sec. 94, R.A. 7160],
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 office, no 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.
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b) Except for losing candidates in barangay elections, no candidate who lost in any election shall, within one year after such election, be
appointed to any office in the government or any government-owned or -controlled corporation or their subsidiaries. Relate this to Sec. 6, Art. IX-B, of
the Constitution, which does not provide for an exception.
Elective Local Officials
1. Qualifications & Disqualifications
a) Qualifications [Sec. 39, R.A. 7160]:
a1) Citizen of the Philippines;
a2) registered voter in the barangay, municipality, city or province, or, in the case of a member of the sangguniang panlalawigan, panlungsod or
bayan, the district where he intends to be elected;
a3) a resident therein for at least one year immediately preceding the election; able to read and write Filipino or any other local language or dialect;
and,
a4) on election day, must be at least 23 years of age [for governor, vice-governor, member of the sangguniang panlalawigan, mayor, vice mayor, or
member of the sangguniang panlungsod of highly urbanized cities], 21 years of age [for mayor or vice mayor of independent component cities,
component cities, or municipalities], 18 years of age [for member of the sangguniang panlungsod or sangguniang bayan, or punong barangay or
member of the sangguniang barangay], or at least 15 but not more than 21 years of age [for candidates for the sangguniang kabataan],
b) Disqualifications [Sec. 40, R.A. 7160]:
b1) Those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one year or more of imprisonment,
within two years after serving sentence;
b2) those removed from office as a result of an administrative case;
(b3) those convicted by final judgment for violating the oath of allegiance to the Republic,
b4) those with dual citizenship (Note: What is actually prohibited is dual allegiance);
b5) Fugitives from justice in criminal or non-political cases here or abroad;
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b6) 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 the Code; and
b7) the insane or feeble-minded.
2. Manner of Election [Sec. 41, R.A. 7160]
The governor, vice-governor, city or municipal mayor, city or municipal vice-mayor and punong barangay shall be elected at large in their respective
units.
The sangguniang kabataan chairman shall be elected by the registered voters of the katipunan ng kabataan.
Date of election. Every three years on the second Monday of May, unless otherwise provided by law.
Term of Office (Chapter X, Section 8, 1987 Constitution):
“The term of office of elective local officials, except barangay officials, which shall be determined by law, shall be three years and no such official
shall serve for more than three consecutive terms.
Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for
which he was elected.” For the 3-term rule to apply, two conditions must concur:
(1) The official concerned has been elected for three consecutive terms in the same local government post; and
(2) he/she has fully served three consecutive terms.
Rules on succession [Secs. 44-46, R.A. 7160]:
a) Permanent vacancies:
A permanent vacancy arises when an elective local official fills a higher vacant office, refuses to assume office, fails to qualify, dies, is removed from
office, voluntarily resigns, or is permanently incapacitated to discharge the functions of his office. If a permanent vacancy, occurs in the office of:
i) Governor or mayor, the vice governor or vice-mayor concerned shall become the governor or mayor.
ii) Vice-Governor or vice mayor, the highest ranking sanggunian member or, in case of his permanent inability, the second highest ranking
sanggunian member, and subsequent vacancies shall be filled automatically by the other sanggunian members according to their ranking.
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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 election.
iii) Punong barangay, the highest-ranking sanggunian barangay member, or in case of his permanent inability, the second highest ranking
sanggunian barangay member. [Note: A tie between or among the highest ranking sanggunian members shall be resolved by drawing of lots.]
iv) Sanggunian member, where automatic successions provided above do not apply: filled by appointment by the President, through the
Executive Secretary in the case of the sanggunian panlalawigan or sanggunian panlungsod of highly urbanized cities and independent
component cities; by the Governor in the case of the sangguniang panlungsod of component cities and the sangguniang bayan; and by the
city or municipal mayor in the case of sangguniang barangay upon recommendation of the sangguniang barangay concerned. However,
except for the sangguniang barangay, only the nominee of the political party under which the sanggunian member concerned had been
elected and whose elevation to the position next higher in rank created the last vacancy in the sanggunian shall be appointed. 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 certificate shall be null and void and shall be a ground for administrative action against the official
concerned. In case the permanent vacancy is caused by a sangguniang member who does not belong to any political party, the local chief
executive shall upon the recommendation of the sanggunian concerned, appoint a qualified person to fill the vacancy.
b) Temporary vacancies:
i) 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 sanggunian 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 which can be exercised only if the period of temporary incapacity exceeds
thirty working days. [Said temporary incapacity shall terminate upon submission to the appropriate sanggunian of a written declaration that he has
reported back to office. In case the temporary incapacity is due to legal causes, the local chief executive concerned shall also submit necessary
documents showing that the legal causes no longer exists.]
ii) When the local chief executive is travelling within the country but outside his territorial jurisdiction for a period not exceeding three 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 shall exercise in the absence of the local chief executive, except the power to appoint, suspend or dismiss employees. If the local chief
executive fails or refuses to issue such authorization, the vicegovernor, city or municipal vice-mayor, or the highest ranking sanggunian 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 day of absence of the
local chief executive, except the power to appoint, suspend or dismiss employees.]
Resignation [Sec. 82, R.A. 7160]
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Resignation of elective local officials shall be deemed effective only upon acceptance by the following authorities:
a) The President, in case of governors, vice-governors, and mayors and vice-mayors of highly urbanized cities and independent component cities.
b) The governor, in the case of municipal mayors and vice-mayors, city mayors and vice-mayors of component cities.
c) The sanggunian concerned, in case of sanggunian members.
d) The city or municipal mayor, in the case of barangay officials.
Note: The resignation shall be deemed accepted if not acted upon by the authority concerned within 15 working days from receipt thereof.
Discipline [Secs. 60-68, R.A. 7160]:
a) Grounds for disciplinary action:
An elective local official may be disciplined, suspended, or removed from office on any of the following grounds:
i) Disloyalty to the Republic of the Philippines.
ii) Culpable violation of the Constitution.
iii) Dishonesty, oppression, misconduct in office, gross negligence, or dereliction of duty.
iv) Commission of any offense involving moral turpitude or an offense punishable by at least prision mayor.
v) Abuse of authority.
vi) Unauthorized absence for 15 consecutive working days, except in the case of members of the sangguniang panlalawigan, panlungsod,
bayan and barangay.
vii) Application for, or acquisition of, foreign citizenship or residence or the status of an immigrant of another country.
viii) Such other grounds as may be provided in this Code and other laws.

Powers of Local Government Units

Sources of Power:
(1) 1987 Constitution
(2) Local Government Code and special laws
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(3) Charter
Four Categories of Powers Exercised by LGUs:
(1) Powers expressly granted
(2) Powers necessarily implied therefrom
(3) Powers necessary, appropriate, or incidental for efficient and effective governance
(4) Powers essential to the promotion of the general welfare [LGC, sec. 16] Within their respective territorial jurisdictions, LGUs shall ensure
and support:
(a) Preservation and enrichment of culture
(b) Promotion of health and safety
(c) Enhancement of the right of the people to a balanced ecology
(d) Development of self-reliant scientific and technological capabilities
(d) Improvement of public morals
(e) Enhancement of economic prosperity and social justice
(f) Promotion of full employment among residents
(g) Maintenance of peace and order
(h) Preservation of the comfort and convenience of its inhabitants [LGC, sec. 16]
The governmental powers of the LGUs are:
1) Police Power (General Welfare);
2) Eminent Domain;
3) Taxing Power;
4) Closure and Opening of Roads;
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5) Local Legislative Power;

6) Reclassification of lands [Sec. 20, R.A. 7160]
7) Basic services and facilities [Sec. 17, R.A. 7160]
8) Power to Generate and Apply Resources [Sec. 18, R.A. 7160]
9) Authority over Police Units (Sec. 6, Art. XVI, Constitution)
10) Corporate Powers
1) Eminent Domain
It is government's right to appropriate, in the nature of a compulsory sale to the State, private property for public use or purpose. Inherently
possessed by the national legislature, the power of eminent domain may be validly delegated to local governments, other public entities and public
utilities.
1a) Requisites for the Exercise of Eminent Domain by an LGU
(1) An ordinance [not a mere resolution] is enacted by the local legislative council authorizing the local Chief Executive to exercise the power
of eminent domain;
(2) The power is exercised for public use, purpose or welfare, or for the benefit of the poor and the landless;
(3) There is payment of just compensation based on the fair market value of the property at the time of taking; and,
4) A valid and definite offer was previously made to the owner of the property, but the offer was not accepted.
1b) Jurisdiction:
An expropriation suit falls under the jurisdiction of the RTCs. The subject of an expropriation suit is the government’s exercise of eminent domain, a
matter that is incapable of pecuniary estimation.
1c) Just Compensation:
The determination of “just compensation” in eminent domain cases is a judicial function.
 18

2) Closure and Opening of Roads

Requisites for Temporary Closure:
(1) Via ordinance;
(2) May be done due to:
a) Actual emergency;
b) Fiesta celebrations;
c) Public rallies;
d) Agricultural or industrial fairs; or
e) Undertaking of public works and highways, telecommunications, and waterworks projects;
(3) Duration of closure must be specified by the by the local chief executive in a written order; and
(4) If for the purpose of athletic, cultural, or civil activities, these must be officially sponsored, recognized, or approved by the local government.
[LGC, sec. 21]
Note: A City, Municipality, or Barangay may also 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 for the general public. [Sec. 21 (d)]
Requisites for Permanent Closure:
(1) Via ordinance approved by at least 2/3 of all members of the Sanggunian;
(2) When necessary, an adequate substitute for the public facility that is subject to closure should be provided;
(3) Such ordinance must have provisions for the maintenance of public safety therein; and
(4) If a freedom park is permanently closed, there must be a provision for its transfer or relocation to a new site. [Sec. 21 (a), (b)]
 19

Such property permanently withdrawn from public use may be used or conveyed for any purpose for which other real property belonging to the LGU
may be lawfully used or conveyed. [Sec. 21 (b)]
Public Roads are Outside the Commerce of Man:
A public road may not be the subject of lease or contract, as public roads are properties for public use outside the commerce of man.
As long as a property owner has reasonable access to the general system of streets, he has no right to compensation for the closure of a public
street. The Constitution does not undertake to guarantee to a property owner the public maintenance of the most convenient route to his door.
3) Reclassification of lands [Sec. 20, R.A. 7160]
a) A city or municipality may, through an ordinance passed after conducting public hearings for the purpose, authorize the reclassification of
agricultural lands and provide for the manner of their utilization or disposition:
i) When the land ceases to be economically feasible and sound for agricultural purposes as determined by the Department of Agriculture, or
ii) Where the land shall have substantially greater economic value for residential, commercial or industrial purposes, as determined by the
sanggunian; provided that such reclassification shall be limited to the following percentage of the total agricultural land area at the time of the
passage of the ordinance:
[a] for highly urbanized cities and independent component cities: 15%,
[b] For component cities and 1st to 3rd class municipalities: 10%,
[c] For 4th to 6th class municipalities: 5%; provided that agricultural land distributed to land reform beneficiaries shall not be affected by such
reclassification.
`4) Power to Generate and Apply Resources [Sec. 18, R.A. 7160],
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 to their use and disposition and which shall be retained by them; to have a just share in the 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 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
 20

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.
5) Basic services and facilities [Sec. 17, R.A. 7160]
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.
F. Local Autonomy
Constitutional Provisions: Sec. 25, Art. II: The State shall ensure the autonomy of local governments.
Sec. 2, Art. X: The territorial and political subdivisions shall enjoy local autonomy.
The principle of local autonomy under the 1987 Constitution simply means “decentralization”; it does not make the local governments sovereign
within the state or an “imperium in imperio”
Decentralization vis-à-vis Devolution
Decentralization is the sharing of powers of the National Government with the LGU. The power comes from the national government. It may refer to
either (1) administrative decentralization or to (2) political decentralization.
Administrative Decentralization Political Decentralization
Occurs when the central government Abdication of political power in favor of
delegates administrative powers to LGUs declared to be autonomous
political subdivisions in order to make it regions, making the latter no longer
more responsive accountable to the national government,
but to its constituency

Note: Philippine government merely follows Administrative Decentralization.

Devolution is the act by which the national government confers power and authority upon the various local government units to perform
specific functions and responsibilities [LGC, sec. 17]
 21

Examples of Devolved powers of national government in favour of the local government unit:

a) Operation of tricycles;
b) Establishment of cockpits and holding of cockfights;
c) Reclassification of agricultural lands;
d) Enforcement of environmental laws;
e) Inspection of food products and quarantine;
f) The enforcement of the national building code;
g) The processing and approval of subdivision plans;
h) Issuance of permits to small scale mining (Small Scale Mining Act)
Power of General Supervision Vis-À-Vis Power of Control over Local Government Units
The President of the Philippines shall exercise general supervision over local governments. 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. [CONST. art. X, sec. 4]
Power of Supervision Power of Control

Overseeing; the power or authority of an Power of an officer to alter or modify or

officer to see that subordinate officers nullify or set aside what a subordinate
perform their duties officer has done in the performance of
his duties
If subordinate fails, superior may take If subordinate fails, superior may
such action or step as prescribed by law substitute the judgment of the latter for
to make them perform their duties. that of the former.
Officers in control lay down the rules in Supervising officials merely see to it
the performance or accomplishment of that the rules are followed, but they
 22

an act. If these rules are not followed, themselves do not lay down such rules,
they may, in their discretion, order the nor do they have the discretion to
act undone or redone by their modify or replace them. If the rules are
subordinates or even decide to do it not observed, they may order the work
themselves. done or redone, but only to conform to
such rules. They may not prescribe their
own manner of execution of the act.
Note: Under the One Executive Doctrine, the president is considered as the head of all executive government and shall exercise control over
all executive instrument. As a general rule, the President merely exercises general supervision over the local government units because of local
autonomy. As an exception, in so far as to the enjoyment, utilization, exploitation of national economy, it would entail participation of the national
government.
Internal revenue allotments
Local government units shall have a just share, as determined by law, in the national taxes which shall be automatically released to them. [Art.
X, sec. 6 of the Constitution]
General Rule: LGUs shall have a 40%share in the national internal revenue taxes based on the collection of the third fiscal year preceding the
current fiscal year. [LGC, sec. 284(c)]
Exception: When the national government incurs an unmanageable public sector deficit, the President authorized to reduce the allotment to
30%. [LGC, sec. 284, par. 2].
Requisites for Exception:
(1) Unmanageable public sector deficit;
(2) Recommendation of the Secretaries of
(a) Finance,
(b) Internal and Local Gov’t, and
(c) Budget and Management; and
(3) Consultation with (a) heads of both houses of Congress, and (b) presidents of the liga. [LGC, sec. 284, par. 2]
 23

Automatic Release: The share of each LGU shall be released, without need of any further action, directly to the respective treasurer on a
quarterly basis within five (5) days after the end of each quarter, and which shall not be subject to any lien or holdback that may be imposed by
the national government for whatever purpose. [LGC, sec. 286(a)]
G. Police Power (General Welfare Clause)
Sec. 16, R.A. 7160 provides, “Every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as
well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of
the general welfare. Within their respective territorial jurisdictions, local government units shall ensure and support, among other things, the
preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support
the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and
social justice, promote full employment among its residents, maintain peace and order, and preserve the comfort and convenience of their
inhabitants.”
The police power of a municipal corporation extends to all great public needs, and includes all legislation and functions of the municipal
government. The drift is towards social welfare legislation geared towards state policies to provide adequate social services, the promotion of
general welfare, and social justice.
Two Branches of General Welfare Clause
(1) General legislative power – Authorizes municipal councils to enact ordinances and make regulations not repugnant to law and may be
necessary to carry into effect and discharge the powers and duties conferred upon it by law
(2) Police power proper – Authorizes the municipality to enact ordinances as may be proper and necessary for the health and safety, prosperity,
morals, peace, good order, comfort and convenience of the municipality and its inhabitant, and for the protection of their property
The general welfare clause is the statutory grant of police power to local government units.
Limitations on the exercise of powers under this clause:
a) Exercisable only within territorial limits of the local government unit, except for protection of water supply.
b) Equal protection clause. (The interests of the public in general, as distinguished from those of a particular class, require the exercise of the
power.)
 24

c) Due process clause. (The means employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive on
individuals.)
d) Must not be contrary to the Constitution and the laws. Prohibited activities may not be legalized in the guise of regulation; activities allowed
by law cannot be prohibited, only regulated.
H. Taxing Power
Sec 5. Art X. Constitution provides, “Each local government unit shall have the power to create its own sources of revenues and to levy taxes,
fees, and charges subject to limitations as Congress may provide, consistent with the basic policy of local autonomy. Such taxes, fees, and
charges shall accrue exclusively to the local governments.
“ The power to tax is primarily vested in the Congress. It may be exercised by local legislative bodies pursuant to direct authority conferred by
Section 5, Article V of the 1987 Constitution. The exercise of the power may be subject to such guidelines and limitations as the Congress may
provide which, however, must be consistent with the basic policy of local autonomy.
While the power to tax is inherent in the State, the same is not true for LGUs because although the mandate to impose taxes granted to LGUs is
categorical and long established in the 1987 Philippine Constitution, the same is not all encompassing as it is subject to limitations as explicitly
stated in Section 5, Article X of the 1987 Constitution.
The LGUs’ power to tax is subject to the limitations set forth under Section 133 of the LGC.
Fundamental principles governing the exercise of the taxing and other revenue raising powers of local government units [Sec. 130, R.A. 7160]:
a. Taxation shall be uniform in each local government unit;
b. Taxes, fees, charges and other impositions shall be equitable and based as far as practicable on the taxpayer’s ability to pay; levied and
collected only for public purposes; not unjust, excessive, oppressive or confiscatory; and not contrary to law, public policy, national economic
policy, or in restraint of trade;
c) The collection of local taxes, fees, charges and other impositions shall in no case be let to any private person;
d) The revenue collected shall inure solely to the benefit of, and be subject to disposition by, the local government unit, unless specifically
provided herein; and
e) Each local government unit shall, as far as practicable, evolve a progressive system of taxation.
 25

I. Just Share
SECTION 284. Allotment of Internal Revenue Taxes. - Local government units shall have a share in the national internal revenue taxes based on
the collection of the third fiscal year preceding the current fiscal year as follows:
(a) On the first year of the effectivity of this Code, thirty percent (30%);
(b) On the second year, thirty-five percent (35%); and
(c) On the third year and thereafter, forty percent (40%).
J. Legislative Power
It is a fundamental principle that municipal ordinances are inferior in status and subordinate to the laws of the State. An ordinance in conflict with
a state law of general character and statewide application is universally held to be invalid. The principle is frequently expressed in the declaration
that municipal authorities, under a general grant of power, cannot adopt ordinances which infringe upon the spirit of a state law or repugnant to
the general policy of the state. In every power to pass ordinances given to a municipality, there is an implied restriction that the ordinances shall
be consistent with the general law.
Who may exercise?
Local legislative power shall be exercised by the:
(1) Sangguniang panlalawigan for the province;
(2) Sangguniang panlungsod for the city;
(3) Sangguniang bayan for the municipality; and
(4) Sangguniang barangay for the barangay [LGC, sec. 48]
Presiding officer:
Sangguniang Panlalawigan- Vice-Governor
Sangguniang Panlungsod- Vice-Mayor
Sangguniang Bayan- Vice-Mayor
 26

Sangguniang Barangay- Punong Barangay

Note: The presiding officer shall vote only to break a tie.
QUORUM
The presence of a quorum is required to transact official business. A majority of all members of the Sanggunian who have been elected and
qualified shall constitute a quorum. [LGC, sec. 53]
NO SUBPOENA AND CONTEMPT POWERS:
Local legislative bodies do not have the power to subpoena witnesses and the power to punish non-members for contempt. They may only invite
resource persons who are willing to supply information which may be relevant to the proposed ordinance.
APPROVAL AND VETO OF ORDINANCES:
If Approved:
Local chief executive shall affix his signature on each and every page of the ordinance. [LGC, sec. 54] The signature of the local chief
executive in the approval of an ordinance or resolution is not a mere ministerial act, as it requires the exercise of analysis and judgment. This is
part of the legislative process. [Delos Reyes v. Sandiganbayan (1997)]
If Disapproved:
The local chief executive shall veto the ordinance, stating his reasons in writing. [LGC, sec. 54]
Grounds:
Under the LGC, only two grounds:
(1) Ultra vires; or
(2) Prejudicial to public welfare, stating his reasons in writing.
The local chief executive may veto an ordinance or resolution only once.
Periods:
 27

The ordinance is returned with objections to the Sanggunian within 15 days in the case of Sangguniang Panlalawigan, or within 10 days in the
case of Sangguniang Panlungsod/Bayan; otherwise, the ordinance shall be deemed approved.
Override:
The veto may be overridden by the Sanggunian upon a 2/3 vote of all its members. Item veto: The local chief executive, except the punong
barangay, shall have the power to veto any particular item or items of an:
(1) Appropriations ordinance;
(2) Ordinance or resolution adopting the local development plan or public investment program; and
(3) Ordinance directing the payment of money or creating liability In case of an item veto, the veto shall not affect the items not objected to.
If the veto is not overridden, the items in the appropriations ordinance of the previous year corresponding to those vetoed shall be deemed re-
enacted.
Review bv Sangguniang Panlalawigan:
Procedure:
Within 3 days after approval, the secretary of the sangguniang panlungsod (in component cities) or sangguniang bayan shall forward to the
sangguniang panlalawigan for review copies of approved ordinances and resolutions approving the local development plans and public
investment programs formulated by the local development councils. The sangguniang panlalawigan shall review the same within 30 days; if it
finds that the ordinance or resolution is beyond the power conferred upon the sangguniang panlungsod or sangguniang bayan concerned, it shall
declare such ordinance or resolution invalid in whole or in part. If no action is taken within 30 days, the ordinance or resolution is presumed
consistent with law, and therefore, valid.
Review of Barangay Ordinances:
Within 10 days from enactment, the sangguniang barangay shall furnish copies of all barangay ordinances to the sangguniang panlungsod or
sangguniang bayan for review. If the reviewing sanggunian finds the barangay ordinances inconsistent with law or city or municipal ordinances,
the sangguniang concerned shall, within 30 days from receipt thereof, return the same with its comments and recommendations to the
sangguniang barangay for adjustment, amendment or modification, in which case the effectivity of the ordinance is suspended until the revision
called for is effected. If no action is taken by the sangguniang panlungsod or sangguniang bayan within 30 days, the ordinance is deemed
approved.
 28

ORDINANCE vis-à-vis RESOLUTION

Ordinance is considered a law while a Resolution is merely a declaration of sentiment or opinion of a lawmaking body on a specific matter
Requisites for a Valid Ordinance
(1) It must be within the corporate powers of the LGU to enact;
(2) It must be passed according to the procedure prescribed by law; and
(3) It must conform to the following substantive requirements:
(a) Not contrary to the Constitution and statute
(b) Not unfair or oppressive
(c) Not partial or discriminatory
(d) Not unreasonable
(e) May regulate, but not prohibit trade
(f) Must be general and consistent with public policy.
Note: An ordinance is territorial in nature. Thus, it is effective only within the territorial limits or jurisdiction of an LGU.
All Ordinances with Penal Sanctions
(1) Posted at prominent places in the provincial capitol, or city, municipal or barangay hall for a minimum period of 3 consecutive weeks;
(2) Published in a newspaper of general circulation within the LGU concerned (where available) except in the case of barangay ordinances;
(3) Gist of such penal ordinance shall be published in a newspaper of general circulation within the province where the local legislative
body belongs; if none, posting shall be made in all municipalities and cities of the said province.
Unless otherwise provided therein, the ordinance shall take effect on the day following its publication, or at the end of the period of posting,
whichever occurs later.
H. Local Initiative and Referendum
 29

Initiative

 is the power of the people to propose amendments to the Constitution or to propose and enact legislations through an election called for
the purpose.

There are three (3) systems of initiative, namely:

a.1 Initiative on the Constitution which refers to a petition proposing amendments to the Constitution;

a.2 Initiative on statutes which refers to a petition proposing to enact a national legislation; and

a.3 Initiative on local legislation which refers to a petition proposing to enact a regional, provincial, city, municipal, or barangay law, resolution
or ordinance.

Indirect initiative

 is exercise of initiative by the people through a proposition sent to Congress or the local legislative body for action.

Referendum

 is the power of the electorate to approve or reject a legislation through an election called for the purpose. It may be of two classes, namely:

a. Referendum on statutes

 which refers to a petition to approve or reject an act or law, or part thereof, passed by Congress; and

b. Referendum on local law

 which refers to a petition to approve or reject a law, resolution or ordinance enacted by regional assemblies and local legislative bodies.

Proposition

 is the measure proposed by the voters.

 30

Plebiscite

 is the electoral process by which an initiative on the Constitution is approved or rejected by the people

Petition

 is the written instrument containing the proposition and the required number of signatories. It shall be in a form to be determined by and
submitted to the Commission on Elections, hereinafter referred to as the Commission.

Local government units

 refers to provinces, cities, municipalities and barangays.

Local legislative bodies

 refers to the Sangguniang Panlalawigan, Sangguniang Panglungsod, Sangguniang Bayan, and Sangguniang Nayon.

Local executives

 refers to the Provincial Governors, City or Municipal Mayors and Punong Barangay, as the case may be.

Who May Exercise.—The power of initiative and referendum may be exercised by all registered voters of the country, autonomous regions,
provinces, cities, municipalities and barangays.

Requirements:

a. To exercise the power of initiative or referendum, at least ten per centum (10%) of the total number of the registered voters, of which every
legislative district is represented by at least three per centum (3%) of the registered voters thereof, shall sign a petition for the purpose and
register the same with the Commission.
 31

b. A petition for an initiative on the 1987 Constitution must have at least twelve per centum (12%) of the total number of registered voters as
signatories, of which every legislative district must be represented by at least three per centum (3%) of the registered voters therein. Initiative
on the Constitution may be exercised only after five (5) years from the ratification of the 1987 Constitution and only once every five (5) years
thereafter.

* A referendum or initiative affecting a law, resolution or ordinance passed by the legislative assembly of an autonomous region, province or city is
deemed validly initiated if the petition therefor is signed by at least ten per centum (10%) of the registered voters in the province or city, of which
every legislative district must be represented by at least three per centum (3%) of the registered voters therein: Provided, however, That if the
province or city is composed only of one (1) legislative district, then at least each municipality in a province or each barangay in a city should be
represented by at least three per centum (3%) of the registered voters therein.

* A referendum or initiative on an ordinance passed in a municipality shall be deemed validly initiated if the petition therefor is signed by at least
ten per centum (10%) of the registered voters in the municipality, of which every barangay is represented by at least three per centum (3%) of the
registered voters therein.

*A referendum or initiative on a barangay resolution or ordinance is deemed validly initiated if signed by at least ten per centum (10%) of the
registered voters in said barangay.

Procedure in Local Initiative

(a) Not less than two thousand (2,000) registered voters in case of autonomous regions, one thousand (1,000) in case of provinces and cities, one
hundred (100) in case of municipalities, and fifty (50) in case of barangays, may file a petition with the Regional Assembly or local legislative body,
respectively, proposing the adoption, enactment, repeal, or amendment, of any law, ordinance or resolution.

(b) If no favorable action thereon is made by local legislative body within thirty (30) days from its presentation, the proponents through their duly
authorized and registered representative may invoke their power of initiative, giving notice thereof to the local legislative body concerned.

(c) The proposition shall be numbered serially starting from one (1). The Secretary of Local Government or his designated representative shall
extend assistance in the formulation of the proposition.

(d) Two or more propositions may be submitted in an initiative.

 32

(e) Proponents shall have one hundred twenty (120) days in case of autonomous regions, ninety (90) days in case of provinces and cities, sixty (60)
days in case of municipalities, and thirty (30) days in case of barangays, from notice mentioned in subsection (b) hereof to collect the required
number of signatures.

(f) The petition shall be signed before the Election Registrar, or his designated representatives, in the presence of a representative of the proponent,
and a representative of the regional assemblies and local legislative bodies concerned in a public place in the autonomous region or local
government unit, as the case may be. Signature stations may be established in as many places as may be warranted.

(g) Upon the lapse of the period herein provided, the Commission on Elections, through its 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 required number is a defeat of the proposition.

(h) If the required number of signatures is obtained, the Commission shall then set a date for the initiative at which the proposition shall be submitted
to the registered voters in the local government unit concerned for their approval within ninety (90) days from the date of certification by the
Commission, as provided in subsection (g) hereof, in case of autonomous regions, sixty (60) days in case of provinces and cities, forty-five (45) days
in case of municipalities, and thirty (30) days in case of barangays. The initiative shall then be held on the date set, after which the results thereof
shall be certified and proclaimed by the Commission on Elections.

Effectivity of Local Propositions

 If the proposition is approved by a majority of the votes cast, it shall take effect fifteen (15) days after certification by the Commission as if
affirmative action thereon had been made by the local legislative body and local executive concerned. If it fails to obtain said number of
votes, the proposition is considered defeated.

Limitations on Local Initiatives

(a) The power of local initiative shall not be exercised more than once a year.

(b) Initiative shall extend only to subjects or matters which are within the legal powers of the local legislative bodies to enact.

(c) If at any time before the initiative is held, the local legislative body shall adopt in toto the proposition presented, the initiative shall be cancelled.
However, those against such action may, if they so desire, apply for initiative in the manner herein provided.

Limitations Upon Local Legislative Bodies.

 33

 Any proposition or ordinance or resolution approved through the system of initiative and referendum as herein provided shall not be
repealed, modified or amended, by the local legislative body concerned within six (6) months from the date therefrom, and may be
amended, modified or repealed by the local legislative body within three (3) years thereafter by a vote of three-fourths (3/4) of all its
members: Provided, however, That in case of barangays, the period shall be one (1) year after the expiration of the first six (6) months.

Local Referendum

 any local legislative body may submit to the registered voters of autonomous region, provinces, cities, municipalities and barangays for the
approval or rejection, any ordinance or resolution duly enacted or approved.
 Said referendum shall be held under the control and direction of the Commission within sixty (60) days in case of provinces and cities,
forty-five (45) days in case of municipalities and thirty (30) days in case of barangays.
 The Commission shall certify and proclaim the results of the said referendum.

Authority of Courts

Nothing in this Act shall prevent or preclude the proper courts from declaring null and void any proposition approved pursuant to this Act for violation
of the Constitution or want of capacity of the local legislative body to enact the said measure.

I.RECALL

A recall can be initiated by a petition of at least 25% of the registered voters in the local government unit (LGU) concerned. An official could only be
subjected to a recall only once during one's term of office, and from one year after the official took office, up to one year before the next regularly
scheduled election.
For local officials elected in 2013, they can only be recalled from June 30, 2014 to May 8, 2015.
Previously, a preparatory recall assembly composed of all of the elected local officials in the LGU concerned was another method of initiating a recall
election but was discontinued in 2004 through Republic Act No. 9244.

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 local
government unit concerned and supported by the registered voters in the local government unit concerned during the election in which the
local official sought to be recalled was elected subject to the following percentage requirements:
 34

1. At least twenty-five percent (25%) in the case of local government units with a voting population of not more than twenty thousand
(20,000);

2. At least twenty percent (20%) in the case of local government units with a voting population of at least twenty thousand (20,000) but
not more than seventy-five thousand (75,000): Provided, That in no case shall the required petitioners be less than five thousand
(5,000);

3. At least fifteen percent (15%) in the case of local government nits with a voting population of at least seventy-five thousand (75,000)
but not more than three hundred thousand (300,000): Provided, however, That in no case shall the required number of petitioners be
less than fifteen thousand (15,000); and

4. At least ten percent (10%) in the case of local government units with a voting population of over three hundred thousand (300,000):
Provided, however, That in no case shall the required petitioners be less than forty-five thousand (45,000).

b. The process of recall shall be effected in accordance with the following procedure:

1. A written petition for recall duly signed by the representatives of the petitioners before the election registrar or his representative,
shall be filed with the Comelec through its office in the local government unit concerned.

2. The petition to recall shall contain the following:

a. The names and addresses of 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 therefore.

1. The Comelec shall, within fifteen (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 signatures automatically nullifies the petition;
 35

2. If the petition is found to be sufficient in form, the Comelec or its duly authorized representative shall, within three (3)
days form the issuance of the certification, provide the official sought to be recalled a copy of the petition, cause its
publication a national newspaper of general circulation and a newspaper of general circulation in the locality, once a week
for three (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 ten (10) days nor more than twenty (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.

3. 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 fifteen (15) days from the date of filing of such protest or
challenge;

4. Upon the lapse of the aforesaid period, the Comelec or its duly authorized representative shall announce the
acceptance of candidates to the positive and thereafter prepare the list of candidates which shall include the name of the
official sought to be recalled."

II.Public Officers
Introduction:
This Module will discuss the important principles and rules that govern the rights, obligations, qualifications and terms of public officers.
A. Public Office
It is the right, authority and duty, created and conferred by law, by which, for a given period either fixed by law or enduring at the pleasure of the
creating power, an individual is invested with some portion of the sovereign functions of government, to be exercised by that individual for the benefit
of the public.
A Public Office is a Public Trust
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The individual so invested is a public officer. The characteristics of a public office include the delegation of sovereign functions, its creation by law
and not by contract, an oath, salary, continuance of the position, scope of duties, and the designation of the position as an office.
Elements:
1. Created by
a. Constitution, e.g. Office of the President
b. Statutory enactments, e.g. Office of the Insurance Commissioner
c. Authority of Law, e.g. Davide Commission

GR: The creation of a public office is primarily a legislative function.

Exception: Where the office is created by the Constitution itself.
GR: The power to create an office includes the power to modify or abolish it. Thus, the power to modify or abolish an office is also primarily
legislative.
Exception: Where the Constitution prohibits such modification/abolition.
Exception to the exception: The president has the power of control over bureaus, agencies or offices in the executive department. Thus, he is
justified to inactivate the functions of a particular office. Moreover, certain laws may grant him the broad authority to carry out reorganization
measures.
2. Possess a delegation of a portion of the sovereign powers of government, to be exercised for the benefit of the public
> This delegation is the most important element of a public office and distinguishes it from private employment or a contract.
3. Powers conferred and duties imposed must be defined, directly or impliedly, by the legislature or by legislative authority
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4. Duties must be performed independently and without the control of a superior power other than the law, unless they be those of an
inferior or subordinate office created or authorized by the legislature, and by it placed under the general control of a superior office or
body
5. Must have permanence or continuity
>This is not an essential element.
Note: Salary is not an element of public office. It is merely a criterion for determining the nature of a position.

Characteristics:
1. Public office is a public trust.
2. Public office is not a property right.
 No one has a vested right to any public office, much less a vested right to an expectancy of holding a public office.
3. Public office is not a contract
A public office embraces security of tenure and the duties connected therewith are generally continuing and permanent.
A contract has limited duration and specific in its object. Its terms define and limit the rights and obligations of the parties, and neither may depart
therefrom without the consent of the other.
4. Public office is personal  Abeja v. Tañada, G.R. No. 112283 (1994)
Public office is personal; thus, the death of a public officer terminates his right to occupy the contested office and extinguishes his counterclaim for
damages. His widow and/or heirs cannot be substituted in the counterclaim suit.
B. Public Officer
One who holds a public office.
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PUBLIC OFFICE DEFINITION

Public Officer Definition Art. 203 of Any person who, by direct provision of
Revised Penal Code law, popular election or appointment by
competent authority who performs public
duties and functions in the Government
of the Philippines as an employee, agent
or subordinate official of any rank or
class.
Sec. 2, RA 3019 (Anti-Graft and Corrupt Elective or appointive officials and
Practices Act) employees, permanent or temporary,
whether in classified, unclassified or
exempt service, receiving compensation,
even nominal from the Government.
Sec. 2 (14), Revised Administrative Code a person whose duties, not being of a
of 1987 clerical or manual nature, involve the
exercise of discretion in the performance
of the functions of government

C. Modes of Acquiring
Modes
1. Election  The choice is made by the people as to who will exercise a particular function by virtue of the right to suffrage. There will be a
selection process to be undertaken by the people in a local or national election.
2. Appointment  Selection of an individual to occupy a certain public office by one authorized by law to make such selection.
3. Designation  Imposing additional duties in function to one who is already in public service
4. Others  Succession by operation of law  Direct provision of law, e.g. ex-officio officers
D. Modes and Kinds of Appointments
1. Permanent v. Temporary
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Permanent Temporary
Guaranteed security of tenure Maybe revocable at will, without the
necessity of just cause or a valid
investigation
Possessed the requisite qualification for May not possess the requisite
the position qualification for the position

2. Regular v. Ad Interim
Regular Ad interim
Made while Congress is in session Made while Congress is not in session
After the nomination is confirmed by the Before confirmation by the Commission
Commission on Appointments on Appointments
Continues until the end of the term Immediately effective and ceases to be
valid if disapproved or bypassed by the
Commission on Appointment upon the
next adjournment of Congress

4. Appointments to the Civil Service

Scope includes all branches, subdivisions, instrumentalities, and agencies of the Government including GOCCs with original charters.
1. Career Service  Characterized by entrance based on merits and fitness
2. Non-career service  Characterized by entrance on bases other than those of the usual tests utilized for the career service, tenure limited to a
period specified by law, or which is co-terminous with that of the appointing authority or subject to his pleasure, or which is limited to the duration of a
particular project for which purpose the employment was made
Exempt from competitive examination:
1. Policy Determining
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2. Primarily Technical
3. Highly Technical
Other personnel actions:
1. Promotion
2. Appointment through certification
3. Transfer
4. Reinstatement
5. Detail
6. Reassignment
7. Reemployment

E. Eligibility and Qualification Requirements

Eligibility
Term usually used in reference to the Civil Service Law, refers to the endowment or requirement or accomplishment that fits one for a public office,
e.g. citizenship.
Qualification
Generally refers to the endowment or act which a person must do before he can occupy a public office, e.g. taking the oath of office.
Time to Possess Qualification
The time to possess qualifications and none of the disqualification shall be at the time of appointment or election and continuously with the existence
of the official relationship.
F. Disabilities and Inhibitions
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Who are disqualified?

Those who lack any of the qualifications prescribed by the Constitution or by law for a public office are ineligible.
General Disqualifications
(1) A losing candidate cannot be appointed to any governmental office within one year after the election.
(2) An elective official is ineligible during their tenure for appointment or designation in any capacity to any public office or position unless they forfeit
their seat.
(3) An appointive official shall not hold any other governmental position, unless allowed by law or by his position’s primary functions.
(4) Impeachment of an impeachable officer shall be removed from office and is disqualified from holding any office under the government.
Holding offices in the private sector prohibited
It is unlawful for public officials and employees during their incumbency to own, control, manage, or accept employment as officer, employee,
consultant, counsel, broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless expressly
allowed by law.
Private Practice of the Profession
GR: Public officials are prohibited from engaging in the private practice of their profession during their incumbency.
Exception: A public official or employee can engage in the practice of his or her profession under the following conditions:
(1) the private practice is authorized by the Constitution or by the law; and
(2) the practice will not conflict, or tend to conflict, with his or her official functions

Nepostism
GR: The Civil Service Law prohibits all appointments in the national and local governments or any branch or instrumentality thereof made in
favor of the relative of:
(a) appointing authority;
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(b) recommending authority;

(c) chief of the bureau or office; or
(d) person exercising immediate supervision over the appointee
***Relative: One who is related within the third degree of either consanguinity or of affinity.
Exceptions: The prohibition on nepotic appointments in the Civil Service Law does not apply if the appointee is:
(1) a person employed in a confidential capacity;
(2) a teacher;
(3) a physician; or
(4) a member of the Armed Forces of the Philippines
G. Powers and Duties
Classification of Powers and Duties
As to Nature
a. Ministerial  The act is absolute, certain and imperative. The duty of the official is merely to execute it.
b. Discretionary  The act requires the exercise of discretion in determining how or whether the act shall be done.
As to the Obligation
a. Mandatory  When the powers conferred to the public officer are for the benefit of the public or individuals.

b. Permissive  Those which are obviously designed merely to secure order, uniformity, system and dispatch in public business

 If the act does not affect third persons and is not clearly beneficial to the public, permissive words will not be construed as mandatory.
As to Relationship Between Superior and Subordinate
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a. Power of control  The power of an officer to manage, direct or govern, including the power to alter or modify or set aside what a
subordinate had done in the performance of his duties and to substitute his judgment for that of the latter.

b. Power of Supervision  the power of mere oversight over an inferior body which does not include any restraining authority over such
body.

Note: A supervising officer merely sees to it that the rules are followed, but he himself does not lay down such rules, nor does he have the discretion
to modify or replace them.
Authority of Public Officers
Consists of those which are:
(1) expressly conferred by law;
(2) incidental to the exercise of the powers granted; and
(3) necessarily implied
Doctrine of Necessary Implication
All powers necessary for the effective exercise of the express powers are deemed impliedly granted. Authority can be exercised only during the term
when the public officer is, by law, invested with the rights and duties of the office.
Sovereign Power of the People
Under our political system, the source of governmental authority is found in the People. Directly or indirectly through their chosen representatives,
they create such offices and agencies as they deem to be desirable for the administration of the public functions and declare in what manner and by
what persons they shall be exercised.
Duties of Public Officers
General (Constitutional) Duties  To be accountable to the people; to serve them with utmost responsibility, integrity, loyalty and efficiency; to act
with patriotism and justice; and to lead modest lives.
H. Rights of Public Officers
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General Rights
Rights incident to public office
Right to Office
 The just and legal claim to exercise the powers and the responsibilities of the public office.
 Rights as a Citizen
1. Protection from malicious publications commenting on the fitness of the public officer.
2. Engaging in certain political and business activities- public employees may be required to suspend or refrain from certain political or business
activities that are embraced within the constitutional rights of others, when such activities are reasonably deemed inconsistent with their public status
and duties.
 Right to compensation/salary
Compensation
 The remuneration of public officers, whether in the form of a fixed salary or wages, per diems, fees, commissions, or perquisites of whatsoever
character.
Vis-à-vis Honorarium
 Something given not as a matter of obligation but in appreciation for services rendered.
Salary
 Personal compensation to be paid to the public officer for his services, and it is generally a fixed annual or periodical payment depending on
the time and not on the amount of the services he may render
Vis-à-vis Wages
 Salary is given to officers of higher degree of employment than those to whom wages are given.
Constitutional Rights
(1) Right to Self-Organization
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Government employees in the civil service are granted the right to form unions enjoyed by workers in the private sector. However, the constitutional
grant to government workers of the right to form labor organizations or unions does not guarantee them the right to bargain collectively with the
government or to engage in concerted activities including the right to strike, which are enjoyed by private employees. They are prohibited from
staging strikes, demonstrations, mass leaves, walk-outs and other forms of mass actions which will result in temporary stoppage or disruption of
public services
(2) Right to Protection of Temporary Employees
Employees in the government given temporary appointments do not enjoy security of tenure. They shall be given such protection as may be
established by law to prevent indiscriminate dismissals and to see to it that their separation or replacement is made only for justifiable reasons
(3) Freedom of Members of Congress from Arrest and from Being Questioned
A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from
arrest while Congress is in session. No member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or
in any committee thereof.
(4) Right not to be removed or suspended except for cause provided by law Implicit in the constitutional prohibition against removal or suspension
except for cause, is the existence of a charge, due hearing, and the finding of guilt by the proper authority.
(5) Right to Reinstatement and Back Wages
Reinstatement is a restoration to a state or condition from which one had been removed or separated. One who is reinstated assumes the position he
had occupied prior to the dismissal. Back wages is a form of relief that restores the income that was lost by reason of unlawful dismissal. Where an
officer was unlawfully removed and was prevented for a time by no fault of his own from performing the duties of his office, he may recover back-
wages, and the amount that he had earned in other employment during his unlawful removal should not be deducted from his unpaid salary.
I. Liabilities
Three-Fold Responsibility of Public Officers
(1) Civil Liability  If the individual is damaged by such violation, the official shall, in some cases, be held liable civilly to reimburse the injured party.
(2) Criminal Liability  If the law has attached a penal sanction, the officer may be punished criminally. The mere fact that an officer is acting in an
official capacity will not relieve him from criminal liability.
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(3) Administrative Liability  Such violation may also lead to imposition of fine, reprimand, suspension or removal from office, as the case may be.
Liability of Ministerial Officers
(1) Nonfeasance  Neglect or refusal to perform an act which is the officer’s legal obligation to perform
(2) Misfeasance  Failure to use that degree of care, skill, and diligence required in the performance of official duty
(3) Malfeasance  The doing, through ignorance, inattention or malice, of an act which he had no legal right to perform
Liability of Superior Officers for Acts of Subordinate Officers
A head of a department or a superior officer shall not be civilly liable for the wrongful acts, omissions of duty, negligence or misfeasance of his
subordinates, unless he has actually authorized by written order the specific act or misconduct complained of.
Liability of Subordinate Officers
No subordinate officer or employee shall be civilly liable for acts done by him in good faith in the performance of his duties. However, he shall
be liable for willful or negligent acts done by him which are contrary to law, morals, public policy and good customs even if he acted under orders or
instructions of his superiors.
Preventive Suspension  A disciplinary measure which is intended to enable the disciplinary authority to investigate charges against the
respondent by preventing the latter from using his position or office to influence witnesses, to intimidate them, or to tamper with the records which
may be vital in the prosecution of the case against him.
Preventive suspension Suspension

Preventive suspension is merely a The purpose of the suspension order is to

preventive measure, a preliminary step in prevent the respondent from using his
admin investigation. position and the powers and prerogative
of his office to influence potential
witnesses or tamper with records which
may be vital in the prosecution of the
case against him
Unlike in criminal law, in case of If after such investigation, the charge is
preventive imprisonment, the period established and the person investigated
 47

within which one is under preventive is found guilty of acts warranting his
suspension, not being a penalty, is not suspension or removal, then he is
considered as the actual penalty of suspended, removed or dismissed. This
suspension. Service of the preventive is now the penalty.
suspension cannot be considered as
service of the penalty. If after such
investigation, the charge is established
and the person investigated is found
guilty of acts warranting his suspension or
removal, then he is suspended, removed
or dismissed. This is now the penalty.

Periods of Preventive Suspension

1. Civil Service law- maximum of 60 days
2. Local Government Code- 60 or 90 days for elective officials; 90 days for appointive officials
3. Ombudsman Act- 6 months
4. RA 3019 (Anti-graft and corrupt practices Act)- 90 days
J. Immunity of Public Officers
General Principles
GR: The doctrine of official immunity applies to complaints filed against public officials for acts done in the performance of their duties.
Exception:
1. Where the public official is charged in his official capacity for acts that are unlawful and injurious to the rights of others.
2. Where the public official is clearly being sued not in his official capacity but in his personal capacity, although the acts complained of may have
been committed while he occupied a public position [Lansang v. CA (2000)].
3. Suit to compel performance of official duty or restrain performance of an act (i.e. mandamus, prohibition).
 48

 Acts of a public officer are protected by the presumption of good faith. Even mistakes concededly committed by such a public officer in the
discharge of his official duties are not actionable as long as it is not shown that they were motivated by malice or gross negligence amounting
to bad faith.
K. De Facto Officers
De facto Officer
 One who assumes office under the color of a known appointment or election but which appointment is void for reasons that the officer is not
eligible.
De jure officer
 One who in all respects, legally appointed or elected and qualified to exercise the office
L. Termination of Public Officers
1. Expiration of the term or tenure of office
Term of office
 The time during which the officer may claim to hold the office as of right and fixes the interval after which the several incumbents shall succeed
one another. It is a fixed and definite period of time to hold office, perform its functions and enjoy its privileges and emoluments until the
expiration of said period.
Tenure of office
 The period during which the incumbent actually holds office.

GR: Upon the expiration of the officer’s term, his rights, duties and authority as a public officer must ipso facto cease.

Exception: Unless he is authorized by law to hold over.

Where an office is created, or an officer is appointed, for the purpose of performing a single act or the accomplishment of a given result, the office
terminates and the officer’s authority ceases with the accomplishment of the purposes which called it into being.
2. Reaching the age limit (retirement)
 49

This mode of termination results in the compulsory and automatic retirement of a public officer.
Compulsory Retirement Age
1. Members of the Judiciary – 70 yrs old
2. Other government officers and employees – 65 yrs old [new GSIS Charter]
3. Optional retirement age – after rendition of the minimum number of years of service [RA 1616]
3. Death or permanent disability
The death of the incumbent of an office, which is by law to be filled by one person only, necessarily renders the office vacant. The public official
cease to hold office upon his death and all his rights, duties and obligations pertinent to the office are extinguished.
Permanent disability covers both physical or mental disability.
4. Resignation
The act of giving up or the act of a public officer by which he declines his office and renounces the further right to use it. It is an expression of the
incumbent in some form, express or implied, of the intention to surrender, renounce and relinquish the office and the acceptance thereof by
competent lawful authority.
Requisites:
(1) Where a law requires that resignation is to be made in any particular form, that form must be substantially complied with.
(2) Where no such form is prescribed, no particular mode is required, but the resignation may be made by any method indicative of the purpose. It
need not be in writing, unless so required by law.
A written resignation, delivered to the board or officer authorized to receive it and fill the vacancy thereby created, is prima facie, but not conclusive
evidence of the intention to relinquish the office.
5. Acceptance of an incompatible office
GR: One who, while occupying one office, accepts another office incompatible with the first ipso facto vacates the first office.
Exception:
 50

1. Where the public officer is authorized by law to accept the other office (ex officio capacity).
2. If the public officer accepts a forbidden office, the holding of the second office is absolutely void.
6. Abandonment of Office Abandonment
Voluntary relinquishment of an office by the holder of all right, title, or claim thereto with the intention of not reclaiming it or terminating his possession
and control thereof.
Requisites
1. Intention to abandon
2. Overt act by which the intention is carried into effect
7. Removal
Ouster of an incumbent public officer before the expiration of his term. It implies that the office exists after the ouster. Another term used is dismissal.
8. Prescription of office
9. Impeachment
10. Non-user
11. Conviction of a crime
12. Recall
13. Filing of a certificate of candidacy by an appointive official
M. Accountability of Public Officers
Public office is a public trust.
Public officers and employees must at all times be accountable to the people, serve with utmost responsibility, integrity, loyalty, and efficiency, act
with patriotism and justice, and lead modest lives. (Sec . 1, Article XI)
Accountable Public Officer - an accountable public officer is a public officer who, by reason of his office, is accountable for public funds or property.
 51

Under Sec. 340, Local Government Code - any officer of the local government unit whose duty permits or requires the possession or custody of
local government funds shall be accountable and responsible for the safekeeping thereof. Other local officials, though not accountable by the nature
of their duties, may likewise be similarly held accountable through their participation in the use or application thereof.
Thus, local government officials become accountable public officers either:
1. because of the nature of their functions or
2. on account of their participation in the use or application of public funds.
Lead modest lives – Even if the public officer is independently wealthy, he or she should not live in a manner that flaunts his or her wealth.
Public office as a public trust – Is that of a representative government, the officers being mere agents and not rulers of the people, one where no
one man or set of men has a proprietary or contractual right to an office, but where every officer accepts office pursuant to the provisions of law and
holds the office as a trust for the people whom he represents.
Condonation Doctrine
 Complete extinguishment of liability of a public officer or denying the right to remove one from office because of misconduct during a prior
term.
 It was a doctrine adopted from one class of US rulings way back in 1959 and thus, out of touch from and now rendered obsolete by the
current legal regime.
 The abandonment of the condonation doctrine should be prospective in application for the reason that judicial decisions applying or
interpreting the laws or the Constitution, until reversed, shall form part of the legal system of the Philippines.

Grounds for Discipline:

a. Refusal to perform official duty or render overtime service
b. Conviction of a crime involving moral turpitude
c. Discourtesy in the course of official duties
d. Falsification of official documents;
e. Habitual Drunkenness;
f. Inefficiency and incompetence in the performance of official duties;
g. Willful refusal to pay just debts or willful failure to pay taxes due to the government
h. Oppression
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i. Dishonesty
j. Misconduct
k. Disgraceful and Immoral conduct
l. Neglect of duty
m. Physical or Mental Incapacity due to immoral or vicious habits
n. Being notoriously Undesirable
o. Gambling

III. LOCAL GOVERNMENT UNITS

THE BARANGAY
Role of the Barangay
 As the basic political unit, the Barangay serves as the primary planning and implementing unit of government policies, plans, programs,
projects, and activities in the community, and as a forum wherein the collective views of the people may be expressed, crystallized and
considered, and where disputes may be amicably settled.
Barangay Officials and Offices

Chief Officials and Offices

(a) There shall be in each Barangay a Punong Barangay, seven (7) Sangguniang Barangay members, the Sangguniang Kabataan chairman, a
Barangay Secretary, and a Barangay treasurer.
(b) There shall also be in every Barangay a Lupong Tagapamayapa. The Sangguniang Barangay may form community brigades and create such
other positions or offices as may be deemed necessary to carry out the purposes of the Barangay government in accordance with the needs of public
service, subject to the budgetary limitations on personal services prescribed under the law.
APPOINTIVE BARANGAY OFFICIALS
1. Barangay secretary:
 53

 The Barangay secretary shall be appointed by the Punong Barangay with the concurrence of the majority of all the Sangguniang Barangay
members. The appointment of the Barangay secretary shall not be subject to attestation by the Civil Service Commission.

2. Barangay Treasurer:

 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.
BARANGAY ASSEMBLY
 There shall be a Barangay assembly composed of all persons who are actual residents of the Barangay for at least six (6) months, fifteen(15)
years of age or over, citizens of the Philippines, and duly registered in the list of Barangay assembly members.
KATARUNGANG PAMBARANGAY
Lupong Tagapamayapa
 There is hereby created in each Barangay a Lupong Tagapamayapa, hereinafter referred to as the lupon, composed of the Punong Barangay
as chairman and ten (10) to twenty (20) members. The lupon shall be constituted every three (3) years in the manner provided herein.
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.
Pangkat ng Tagapagkasundo
 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
SANGGUNIANG KABATAAN
 There shall be in every Barangay a Sangguniang Kabataan to be composed of a chairman, seven (7) members, a secretary, and a treasurer.
 54

 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 remaining portion of the term for which he was elected.
Katipunan ng Kabataan
 The katipunan ng kabataan shall be composed of all citizens of the 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 duly registered in the list 176 of the Sangguniang Kabataan
or in the official Barangay list in the custody of the Barangay secretary.
THE MUNICIPALITY
Role of the Municipality
 The municipality, consisting of a group of Barangays, serves primarily as a general purpose government for the coordination and delivery of
basic, regular and direct services and effective governance of the inhabitants within its territorial jurisdiction
Officials of the Municipal Government
(a) There shall be in each municipality a municipal mayor, a municipal vice-mayor, Sangguniang Bayan members, a secretary to the
Sangguniang Bayan, a municipal treasurer, a municipal assessor, a municipal accountant, a municipal budget officer, a municipal planning and
development coordinator, a municipal engineer/building official, a municipal health officer and a municipal civil registrar.
(b) In addition thereto, the mayor may appoint a municipal administrator, a municipal legal officer, a municipal agriculturist, a municipal
environment and natural resources officer, a municipal social welfare and development officer, a municipal architect, and a municipal information
officer.
(c) The Sangguniang Bayan may:
(1) Maintain existing offices not mentioned in subsections (a) and (b) hereof;
(2) Create such other offices as may be necessary to carry out the purposes of the municipal government; or
(3) Consolidate the functions of any office with those of another in the interest of efficiency and economy.
(d) Unless otherwise provided herein, heads of departments and offices shall be appointed by the municipal mayor with the concurrence of the
majority of all the Sangguniang Bayan members, subject to civil service law, rules and regulations. The Sangguniang Bayan shall act on the
appointment within fifteen (15) days from the date of its submission; otherwise, the same shall be deemed confirmed.
 55

(e) Elective and appointive municipal officials shall receive such compensation, allowances and other emoluments as may be determined by
law or ordinance, subject to the budgetary limitations on personal services as prescribed in Title Five, Book Two of this Code: Provided, That no
increase in compensation of the mayor, vice-mayor, and Sangguniang Bayan members shall take effect until after the expiration of the full term of all
the elective local officials approving such increase.
OFFICIALS AND OFFICES COMMON TO ALL MUNICIPALITIES
A. The Municipal Mayor
The Chief Executive: Powers, Duties, Functions and Compensation.
(a) The municipal mayor, as the chief executive of the municipal government, shall exercise such powers and perform such duties and functions as
provided by this Code and other laws.
(b) For efficient, effective and economical governance the purpose of which is the general welfare of the municipality and its inhabitants pursuant to
section 16 of this Code, the municipal mayor shall:
(1) Exercise general supervision and control over all programs, projects, services, and activities of the municipal government, and in this
connection, shall:
(i) Determine the guidelines of municipal policies and be responsible to the Sangguniang Bayan for the program of government;
(ii) Direct the formulation of the municipal development plan, with the assistance of the municipal development council, and upon
approval thereof by the Sangguniang Bayan, implement the same;
(iii) At the opening of the regular session of the Sangguniang Bayan for every calendar year and, as may be deemed necessary,
present the program of government and propose policies and projects for the consideration of the Sangguniang Bayan as the general welfare
of the inhabitants and the needs of the municipal government may require;
(iv) Initiate and propose legislative measures to the Sangguniang Bayan and, from time to time as the require, provide such information
and data needed or requested by said sanggunian in the performance of its legislative functions; Appoint all officials and employees whose
salaries and wages are wholly or mainly paid out of municipal funds and whose appointments are not otherwise provided for in this Code, as
well as those he may be authorized by law to appoint; situation may
(v) Appoint all officials and employees whose salaries and wages are wholly or mainly paid out of municipal funds and whose
appointments are not otherwise 185 provided for in this Code, as well as those he may authorized by law to appoint;
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(vi) Upon authorization by the Sangguniang Bayan, represent the municipality in all its business transactions and sign on its behalf all
bonds, contracts, and obligations, and such other documents made pursuant to law or ordinance;
(vii) Carry out such emergency measures as may be necessary during and in the aftermath of man-made and natural disasters and
calamities;
(viii) Determine, according to law or ordinance, the time, manner and place of payment of salaries or wages of the officials and
employees of the municipality;
(ix) Allocate and assign office space to municipal and other officials and employees who, by law or ordinance, are entitled to such
space in the municipal hall and other buildings owned or leased by the municipal government;
(x) Ensure that all executive officials and employees of the municipality faithfully discharge their duties and functions as provided by law
and this Code, and cause to be instituted administrative or judicial proceedings against any official or employee of the municipality who may
have committed an offense in the performance of his official duties;
(xi) Examine the books, records and other documents of all offices, officials, agents or employees of the municipality and in aid of his
executive powers and authority, require all national officials and employees stationed in or assigned to the municipality to make available to
him such books, records, and other documents in their custody, except those classified by law as confidential;
(xii) Furnish copies of executive orders issued by him to the provincial governor within seventy-two (72) hours after their issuance:
Provided, That municipalities of Metropolitan Manila Area and that of any metropolitan political subdivision shall furnish copies of said
executive orders to the metropolitan authority council chairman and to the Office of the President;
(xiii) Visit component Barangays of the municipality at least once every six (6) months to deepen his understanding of problems and
conditions therein, listen and give appropriate counsel to local officials and inhabitants, inform the component Barangay officials and
inhabitants of general laws and 186 ordinances which especially concern them, and otherwise conduct visits and inspections to the end that
the governance of the municipality will improve the quality of life of the inhabitants;
(xiv) Act on leave applications of officials and employees appointed by him and the commutation of the monetary value of leave credits
according to law;
(xv) Authorize official trips outside of the municipality of municipal officials and employees for a period not exceeding thirty (30) days;
(xvi) Call upon any national official or employee stationed in or assigned to the municipality to advise him on matters affecting the
municipality and to make recommendations thereon, or to coordinate in the formulation and implementation of plans, programs and projects,
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and when appropriate, initiate an administrative or judicial action against a national government official or employee who may have committed
an offense in the performance of his official duties while stationed in or assigned to the local government unit concerned;
(xvii) Subject to availability of funds, authorize payment of medical care, necessary transportation, subsistence, hospital or medical fees
of municipal officials and employees who are injured while in the performance of their official duties and functions;
(xviii) Solemnize marriages, any provision of law to the contrary notwithstanding;
(xix) Conduct a palarong bayan, in coordination with the Department of Education, Culture and Sports, as an annual activity which shall
feature traditional sports and disciplines included in national and international games; and
(xx) Submit to the provincial governor the following reports: an annual report containing a summary of all matters pertaining to the
management, administration and development of the municipality and all information and data relative to its political, social and economic
conditions; and supplemental reports when unexpected events and situations arise at any time during the year, particularly when man-made or
natural disasters or calamities affect the general welfare of the municipality, province, region or country. Mayors of municipalities of the
Metropolitan Manila Area and other metropolitan political subdivisions shall submit said reports to their 187 respective metropolitan council
chairmen and to the Office of the President;
(2) Enforce all laws and ordinances relative to the governance of the municipality and the exercise of its corporate powers provided for under
Section 22 of this Code, implement all approved policies, programs, projects, services and activities of the municipality and, in addition to the
foregoing, shall:
(i) Ensure that the acts of the municipality's component Barangays and of its officials and employees are within the scope of their
prescribed powers,functions, duties and responsibilities;
(ii) Call conventions, conferences, seminars or meetings of any elective and appointive officials of the municipality, including provincial
officials and national officials and employees stationed in or assigned to the municipality at such time and place and on such subject as he
may deem important for the promotion of the general welfare of the local government unit and its inhabitants;
(iii) Issue such executive orders as are necessary for the proper enforcement and execution of laws and ordinances;
(iv) Be entitled to carry the necessary firearm within his territorial jurisdiction;
(v) Act as the deputized representative of the National Police Commission, formulate the peace and order plan of the municipality and
upon its approval, implement the same and exercise general and operational control and supervision over the local police forces in the
municipality in accordance with R.A. No. 6975;
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(vi) Call upon the appropriate law enforcement agencies to suppress disorder, riot, lawless violence, sedition or to apprehend violators
of the law when public interest so requires and the municipal police forces are inadequate to cope with the situation or the violators; rebellion
or
(3) Initiate and maximize the generation of resources and revenues, and apply the same to the implementation of development plans, program
objectives and priorities as provided for under Section 18 of this Code,particularly those resources and revenues programmed for agro-
industrial 188 development and country-wide growth and progress, and relative thereto, shall:
(i) Require each head of an office or department to prepare and submit an estimate of appropriations for the ensuing calendar year, in
accordance with the budget preparation process under Title Five, Book II of this Code;
(ii) Prepare and submit to the sanggunian for approval the executive and supplemental budgets of the municipality for the ensuing
calendar year in the manner provided for under Title Five, Book II of this Code;
(iii) Ensure that all taxes and other revenues of the municipality are collected, and that municipal funds are applied in accordance with
law or ordinance to the payment of expenses and settlement of obligations of the municipality;
(iv) Issue licenses and permits and suspend or revoke the same for any violation of the conditions upon which said licenses or permits
had been issued, pursuant to law or ordinance;
(v) Issue permits, without need of approval therefor from any national agency, for the holding of activities for any charitable or welfare
purpose, excluding prohibited games of chance or shows contrary to law, public policy and public morals;
(vi) Require owners of illegally constructed houses, buildings or other structures to obtain the necessary permit, subject to such fines
and penalties as may be imposed by law or ordinance, or to make necessary changes in the construction of the same when said construction
violates any law or ordinance, or to order the demolition or removal of said house, building or structure within the period prescribed by law or
ordinance;
(vii) Adopt adequate measures to safeguard and conserve land, mineral, marine, forest, and other resources of the municipality; provide
efficient and effective property and supply management in the municipality; and protect the funds, credits, rights and other properties of the
municipality; and
(viii) Institute or cause to be instituted administrative or judicial proceedings for violation of ordinances in the collection of taxes, fees or
charges, and for the recovery of funds and property; and cause the 189 municipality to be defended against all suits to ensure that its
interests, resources and rights shall be adequately protected;
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(4) Ensure the delivery of basic services and the provision of adequate facilities as provided for under Section 17 of this Code and, in addition
thereto, shall: (i) Ensure that the construction and repair of roads and highways funded by the national government shall be, as far as practicable,
carried out in a spatially contiguous manner and in coordination with the construction and repair of the roads and bridges of the municipality and the
province; and (ii) Coordinate the implementation of technical services rendered by national and provincial offices, including public works and
infrastructure programs in the municipality; and
(5) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
c) During his incumbency, the municipal mayor shall hold office in the municipal hall.
(d) The municipal mayor shall receive a minimum monthly compensation corresponding to Salary Grade twenty-seven (27) as prescribed under
under R.A. No. 6758 and the implementing guidelines issued pursuant thereto
B. The Vice Mayor
Powers, Duties and Compensation
(a) The vice-mayor shall:
(1) Be the presiding officer of the Sangguniang Bayan and sign all warrants drawn on the municipal treasury for all expenditures appropriated
for the operation of the Sangguniang Bayan;
(2) Subject to civil service law, rules and regulations, appoint all officials and employees of the Sangguniang Bayan, except those whose
manner of appointment is specifically provided in this Code;
(3) Assume the office of the municipal mayor for the unexpired term of the latter in the event of permanent vacancy as provided for in section
44, Book I of this Code; 190
(4) Exercise the powers and perform the duties and functions of the municipal mayor in cases of temporary vacancy as provided for in section
46, Book I of this Code; and,
(5) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
(b) The vice-mayor shall receive a monthly compensation corresponding to Salary Grade twenty five (25) as prescribed under R.A. No. 6758 and the
implementing guidelines issued pursuant thereto. R.A. No. 6758 and the implementing guidelines issued pursuant thereto.
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C.The Sangguniang Bayan

Composition
(a) The Sangguniang Bayan, the legislative body of the municipality, shall be composed of the municipal vice-mayor as the presiding officer, the
regular sanggunian members, the president of the municipal chapter of the liga ng mga Barangay, the president of the pambayang pederasyon ng
mga Sangguniang Kabataan, and the sectoral representatives, as members.
(b) In addition thereto, there shall be three (3) sectoral representatives: one (1) from the women; and, as shall be determined by the sanggunian
concerned within ninety (90) days prior to the holding of local elections, one (1) from the agricultural or industrial workers; and one (1) from the other
sectors, including the urban poor, indigenous cultural communities, or disabled persons.
(c) The regular members of the Sangguniang Bayan and the sectoral representatives shall be elected in the manner as may be provided for by law.
Powers, Duties, Functions and Compensation
(a) The Sangguniang Bayan, as the legislative body of the municipality, shall enact ordinances, approve resolutions and appropriate funds for the
general welfare of the municipality and its inhabitants pursuant to section 16 of this Code and in the proper exercise of the corporate powers of the
municipality as provided for under section 22 of this Code, and shall:
(1) Approve ordinances and pass resolutions necessary for an efficient and effective municipal government,
(2) Generate and maximize the use of resources and revenues for the development plans, program objectives and priorities of the municipality
as provided for under section 18 of this Local Government Code with particular attention to agro-industrial development and countryside
growth and progress,
(3) Subject to the provisions of Book II of this Code, grant franchises, enact ordinances authorizing the issuance of permits or licenses, or
enact ordinances levying taxes, fees and charges upon such conditions and for such purposes intended to promote the general welfare of the
inhabitants of the municipality, and pursuant to this legislative authority;
(4) Regulate activities relative to the use of land, buildings and structures within the municipality in order to promote the general welfare and
for said purpose;
(5) Approve ordinances which shall ensure the efficient and effective delivery of the basic services and facilities as 197 provided for under
Section 17 of this Code;
(6) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
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(b) The members of the Sangguniang Bayan shall receive a minimum monthly compensation corresponding to Salary Grade twenty-four (24) as
prescribed under R.A. 6758 and the implementing guidelines issued pursuant thereto: Provided, That, in municipalities in the Metropolitan Manila
Area and other metropolitan political subdivisions, members of the Sangguniang Bayan shall receive a minimum monthly compensation
corresponding to Salary grade twenty-five (25).
THE CITY
Role of the City
 The city, consisting of more urbanized and developed Barangays, serves as a general-purpose government for the coordination and delivery
of basic, regular, and direct services and effective governance of the inhabitants within its territorial jurisdiction.
Classifications:
1. Independent component cities

 are those component cities whose charters prohibit their voters from voting for provincial elective officials. Independent component cities shall
be independent of the province.

2. Highly Urbanized Cities

Requisites:
(a) Cities with a minimum population of two hundred thousand (200,000) inhabitants, as certified by the National Statistics Office, and with
the latest annual income of at least Fifty Million Pesos(Php50,000,000.00) based on 1991 constant prices, as certified by the city treasurer,
shall be classified as highly urbanized cities.

(b) Cities which do not meet the above requirements shall be considered component cities of the province in which they are geographically
located. If a component city is located within the boundaries of two (2) or more provinces, such city shall be considered a component of the
province of which it used to be a municipality.
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(c) Qualified voters of highly urbanized cities shall remain excluded from voting for elective provincial officials. Unless otherwise provided in
the Constitution or this Code, qualified voters of independent component cities shall be governed by their respective charters, as amended,
on the participation of voters in provincial elections. Qualified voters of cities who acquired the right to vote for elective provincial officials
prior to the classification of said cities as highl yurbanized after the ratification of the Constitution and before the effectivity of this Code,
shall continue to exercise such right

CITY OFFICIALS IN GENERAL

Officials of the City Government.
(a) There shall be in each city a mayor, a vice-mayor, Sangguniang Panlungsod members, a secretary to the Sangguniang Panlungsod, a
city treasurer, a city assessor, a city accountant, a city budget officer, a city planning and development coordinator, a city engineer, a
city health officer, a city civil 202 registrar, a city administrator, a city legal officer, a city veterinarian, a city social welfare and
development officer, and a city general services officer.

(b) In addition thereto, the city mayor may appoint a city architect, a city information officer, a city agriculturist, a city population officer, a
city environment and natural resources officer, and a city cooperatives officer. The appointment of a city population officer shall be optional
in the city: Provided, however, That cities which have existing population offices shall continue to maintain such offices for a period of five
(5) years from the date of the effectivity of this Code, after which said offices shall become optional.
OFFICIALS AND OFFICES COMMON TO ALL CITIES
Chief Executive; Powers, Duties and Compensation
(a) The city mayor, as chief executive of the city government, shall exercise such powers and perform such duties and functions as provided by this
Code and other laws.
(b) For efficient, effective and economical governance the purpose of which is the general welfare of the city and its inhabitants
(1) Exercise general supervision and control over all programs, projects, services, and activities of the city government, and in this connection,
(2) Enforce all laws and ordinances relative to the governance of the city and in the exercise of the appropriate corporate powers, implement
all approved policies, programs, projects, services and activities of the city;
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(3) Initiate and maximize the generation of resources and revenues, and apply the same to the implementation of development plans, program
objectives and priorities as provided for under the law, particularly those resources and revenues programmed for agro-industrial development and
countryside growth and progress;
(4) Ensure the delivery of basic services and the provision of adequate facilities;
(5) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
(c) During his incumbency, the city mayor shall hold office in the city hall.
(d) The city mayor shall receive a minimum monthly compensation corresponding to Salary Grade thirty (30) as prescribed under R.A. No. 6758 and
the implementing guidelines issued pursuant thereto.

The City Vice-Mayor

Powers, Duties and Compensation.
(a) The city vice-mayor shall:
(1) Be the presiding officer of the Sangguniang Panlungsod and sign all warrants drawn on the city treasury for all expenditures appropriated
for the operation of the Sangguniang Panlungsod;
(2) Subject to civil service law, rules and regulations, appoint all officials and employees of the Sangguniang Panlungsod, except those whose
manner of appointment is specifically provided in this Code;
(3) Assume the office of the city mayor for the unexpired term of the latter in the event of permanent vacancy as provided of this Code;
(4) Exercise the powers and perform the duties and functions of the city mayor in cases of temporary vacancy;
(5) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
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(b) The city vice-mayor shall receive a monthly compensation corresponding to Salary Grade twenty eight (28) for a highly urbanized city and Salary
Grade twenty six (26) for a component city, as prescribed under R.A. No. 6758 and the implementing guidelines issued pursuant thereto.
The Sangguniang Panlungsod
Composition
(a) The Sangguniang Panlungsod, the legislative body of the city, shall be composed of the city vice-mayor as presiding officer, the regular
sanggunian members, the president of the city chapter of the liga ng mga Barangay, the president of the panlungsod na pederasyon ng mga
Sangguniang Kabataan, and the sectoral representatives, as members.
(b) In addition thereto, there shall be three (3) sectoral representatives: one (1) from the women; and, as shall be determined by the sanggunian
concerned within ninety (90) days prior to the holding of the local elections, one (1) from the agricultural or industrial workers; and one (1) from the
other sectors, including the urban poor, indigenous cultural communities, or disabled persons.
(c) The regular members of the Sangguniang Panlungsod and the sectoral representatives shall be elected in the manner as may be provided for by
law.
Powers, Duties, Functions and Compensation
(a) The Sangguniang Panlungsod, as the legislative body of the city, shall enact ordinances, approve resolutions and appropriate funds for the
general welfare of the city and its inhabitants ;
(b) The members of the Sangguniang Panlungsod of component cities shall receive a minimum monthly compensation corresponding to Salary
Grade twenty-five (25) and members of the Sangguniang Panlungsod of highly- urbanized cities shall receive a minimum monthly compensation
corresponding to Salary Grade twentyseven (27);
THE PROVINCE
Role of the Province
The province, composed of a cluster of municipalities, or municipalities and component cities, and as a political and corporate unit of government,
serves as a dynamic mechanism for developmental processes and effective governance of local government units within its territorial jurisdiction.
Requisites for Creation.
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(a) A province may be created if it has an average annual income, as certified by the Department of Finance, of not less than Twenty million
pesos(Php20,000,000.00) based on 1991 constant prices and either of the following requisites:
(i) a contiguous territory of at least two thousand (2,000) square kilometers, as certified by the Lands Management Bureau; or,
(ii) a population of not less than two hundred fifty thousand(250,000) inhabitants as certified by the National Statistics Office: Provided, That,
the creation thereof shall not reduce the land area, population, and income of the original unit or units at the time of said creation to less than the
minimum requirements prescribed herein.
(b) The territory need not be contiguous if it comprises two (2) or more islands or is separated by a chartered city or cities which do not contribute to
the income of the province.
(c) The average annual income shall include the income accruing to the general fund, exclusive of special funds, trust funds, transfers, and non-
recurring income.

Existing Sub-Provinces
Existing sub- provinces are hereby converted into regular provinces upon approval by a majority of the votes 220 cast in a plebiscite to be held in the
said subprovinces and the original provinces directly affected. The plebiscite shall be conducted by the Comelec simultaneously with the national
elections following the effectivity of this Code.
PROVINCIAL OFFICIALS IN GENERAL SECTION
Officials of the Provincial Government
(a) There shall be in each province a governor, a vice-governor, members of the Sangguniang Panlalawigan, a Secretary to the Sangguniang
Panlalawigan, a provincial treasurer, a provincial assessor, a provincial accountant, a provincial engineer, a provincial budget officer, a provincial
planning and development coordinator, a provincial legal officer, a provincial administrator, a provincial health officer, a provincial social welfare and
development officer, a provincial general services officer, a provincial agriculturist, and a provincial veterinarian.
(b) In addition thereto, the governor may appoint a provincial population officer, a provincial natural resources and environment 221 officer, a
provincial cooperative officer, a provincial architect, and a provincial information officer. The appointment of a provincial population officer shall be
 66

optional in the province: Provided, however, That provinces which have existing population offices shall continue to maintain such offices for a period
of five (5) years from the date of the effectivity of this Code, after which said offices shall become optional.
(c) The Sangguniang Panlalawigan
Residence and Office
During the incumbency of the governor, he shall have his official residence in the capital of the province. All elective and appointive provincial officials
shall hold office in the provincial capital: Provided, That, upon resolution of the Sangguniang Panlalawigan, elective and appointive provincial officials
may hold office in any component city or municipality within the province for a period of not more than seven (7) days for any given month.
OFFICIALS AND OFFICES COMMON TO ALL PROVINCES
The Provincial Governor
The Chief Executive: Powers, Duties, Functions, and Compensation
(a) The provincial governor, as the chief executive of the provincial government, shall exercise such powers and perform such duties and
functions as provided by this Code and other laws.
(b) For efficient, effective and economical governance the purpose of which is the general welfare of the province and its inhabitants
(1) Exercise general supervision and control over all programs, projects, services, and activities of the provincial government;
(2) Enforce all laws and ordinances relative to the governance of the province and the exercise of the appropriate corporate powers,
implement all approved policies, programs, projects, services and activities of the province;
(3) Initiate and maximize the generation of resources and revenues, and apply the same to the implementation of development plans, program
objectives and priorities particularly those resources and revenues programmed for agro-industrial development and country-wide growth and
progress;
(4) Ensure the delivery of basic services and the provision of adequate facilities;
(5) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
(c) The provincial governor shall receive a minimum monthly compensation corresponding to Salary Grade thirty (30) prescribed under R.A. No. 6758
and the implementing guidelines issued pursuant thereto.
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The Provincial Vice-Governor

Powers, Duties, and Compensation
(a) The vice-governor shall:
(1) Be the presiding officer of the Sangguniang Panlalawigan and sign all warrants drawn on the provincial treasury for all expenditures
appropriated for the operation of the Sangguniang Panlalawigan;
(2) Subject to civil service law, rules and regulations, appoint all officials and employees of the Sangguniang Panlalawigan, except those
whose manner of appointment is specifically provided in this Code;
(3) Assume the office of the governor for the unexpired term of the latter in the event of permanent vacancy;
(4) Exercise the powers and perform the duties and functions of the governor in cases of temporary vacancy; and
(5) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
(b) The vice-governor shall receive a monthly compensation corresponding to Salary Grade twenty-eight (28) as prescribed under R.A. No. 6758 and
the implementing guidelines issued pursuant thereto.

The Sangguniang Panlalawigan

Composition
(a) The Sangguniang Panlalawigan, the legislative body of the province, shall be composed of the provincial vicegovernor as presiding officer, the
regular sanggunian members, the president of the provincial chapter of the liga ng mga Barangay, the president of the panlalawigang pederasyon ng
mga Sangguniang Kabataan, the president of the provincial federation of sanggunian 228 members of municipalities and component cities, and the
Sectoral representatives, as members.
(b) In addition thereto, there shall be three (3) Sectoral representatives: one (1) from the women; and as shall be determined by the sanggunian
concerned within ninety (90) days prior to the holding of the local elections, one (1) from the agricultural or industrial workers; and one (1) from the
other Sectors, including the urban poor, indigenous cultural communities, or disabled persons.
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(c) The regular members of the Sangguniang Panlalawigan and the Sectoral representatives shall be elected in the manner as may be provided for
by law.
Powers, Duties, Functions and Compensation
(a) The Sangguniang Panlalawigan, as the legislative body of the province, shall enact ordinances, approve resolutions and appropriate funds for
the general welfare of the province and its inhabitants pursuant to Section 16 of this Code and in the proper exercise of the corporate powers of the
province
(1) Approve ordinances and pass resolutions necessary for an efficient and effective provincial government and, in this connection;
(2) Generate and maximize the use of resources and revenues for the development plans, program objectives and priorities of the province
with particular attention to agro-industrial development and country-wide growth and progress and;
(3) Adopt measures to enhance the full implementation of the national agrarian reform program in coordination with the Department of
Agrarian Reform;
(4) Grant franchises, approve the issuance of permits or licenses, or enact ordinances levying taxes, fees and charges upon such conditions
and for such purposes intended to promote the general welfare of the inhabitants of the province, and pursuant to this legislative authority,
(5) Approve ordinances which shall ensure the efficient and effective delivery of the basic services and facilities
(b) The members of the Sangguniang Panlalawigan shall receive a minimum monthly compensation corresponding to Salary Grade twenty-seven
(27) as prescribed under R.A. 6758 and the implementing guidelines issued pursuant the
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