Local Government Code Book 1

8/9/2019 Local Government Code Book 1

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Section 1. Title. - This Act shall be known and cited as the "Local Government Code of 1991".

Section 2. Declaration of Policy. -

(a) It is hereby declared the policy of the State that the territorial and politicalsubdivisions of the State shall enjoy genuine and meaningful local autonomy toenable them to attain their fullest development as self-reliant communities andmake them more effective partners in the attainment of national goals Towardthis end! the State shall provide for a more responsive and accountable localgovernment structure instituted through a system of decentrali"ation wherebylocal government units shall be given more powers! authority! responsibilities!and resources The process of decentrali"ation shall proceed from the nationalgovernment to the local government units

(b) It is also the policy of the State to ensure the accountability of localgovernment units through the institution of effective mechanisms of recall!initiative and referendum

(c) It is likewise the policy of the State to re#uire all national agencies and

offices to conduct periodic consultations with appropriate local governmentunits! nongovernmental and people$s organi"ations! and other concernedsectors of the community before any project or program is implemented in their respective jurisdictions1awphil.net

Section 3. Operative Principles of Decentralization. - The formulation andimplementation of policies and measures on local autonomy shall be guided bythe following operative principles%

(a) There shall be an effective allocation among the different localgovernment units of their respective powers! functions! responsibilities! andresources&

(b) There shall be established in every local government unit anaccountable! efficient! and dynamic organi"ational structure and operatingmechanism that will meet the priority needs and service re#uirements of itscommunities&

(c) Subject to civil service law! rules and regulations! local officials andemployees paid wholly or mainly from local funds shall be appointed or removed! according to merit and fitness! by the appropriate appointingauthority&

(d) The vesting of duty! responsibility! and accountability in localgovernment units shall be accompanied with provision for reasonablyade#uate resources to discharge their powers and effectively carry out their functions% hence! they shall have the power to create and broaden their own sources of revenue and the right to a just share in national ta'es andan e#uitable share in the proceeds of the utili"ation and development of thenational wealth within their respective areas&

(e) rovinces with respect to component cities and municipalities! and

cities and municipalities with respect to component barangays! shallensure that the acts of their component units are within the scope of their prescribed powers and functions&

(f) ocal government units may group themselves! consolidate or coordinate their efforts! services! and resources commonly beneficial tothem&

(g) The capabilities of local government units! especially the municipalitiesand barangays! shall be enhanced by providing them with opportunities toparticipate actively in the implementation of national programs andprojects&

(h) There shall be a continuing mechanism to enhance local autonomy notonly by legislative enabling acts but also by administrative andorgani"ational reforms&

(i) ocal government units shall share with the national government theresponsibility in the management and maintenance of ecological balancewithin their territorial jurisdiction! subject to the provisions of this *ode andnational policies&

(j) +ffective mechanisms for ensuring the accountability of local

government units to their respective constituents shall be strengthened inorder to upgrade continually the #uality of local leadership&

(k) The reali"ation of local autonomy shall be facilitated through improvedcoordination of national government policies and programs an e'tension of ade#uate technical and material assistance to less developed anddeserving local government units&

(l) The participation of the private sector in local governance! particularly inthe delivery of basic services! shall be encouraged to ensure the viability of local autonomy as an alternative strategy for sustainable development& and

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(m) The national government shall ensure that decentrali"ation contributesto the continuing improvement of the performance of local governmentunits and the #uality of community life

Section 4. cope of !pplication. - This *ode shall apply to all provinces! cities!municipalities! barangays! and other political subdivisions as may be created bylaw! and! to the e'tent herein provided! to officials! offices! or agencies of thenational government

Section 5. #les of $nterpretation. - In the interpretation of the provisions of this*ode! the following rules shall apply%

(a) Any provision on a power of a local government unit shall be liberallyinterpreted in its favor! and in case of doubt! any #uestion thereon shall beresolved in favor of devolution of powers and of the lower local governmentunit Any fair and reasonable doubt as to the e'istence of the power shall beinterpreted in favor of the local government unit concerned&

(b) In case of doubt! any ta' ordinance or revenue measure shall be construedstrictly against the local government unit enacting it! and liberally in favor of

the ta'payer Any ta' e'emption! incentive or relief granted by any localgovernment unit pursuant to the provisions of this *ode shall be construedstrictly against the person claiming it

(c) The general welfare provisions in this *ode shall be liberally interpreted togive more powers to local government units in accelerating economicdevelopment and upgrading the #uality of life for the people in the community&

(d) ,ights and obligations e'isting on the date of effectivity of this *ode andarising out of contracts or any other source of presentation involving a localgovernment unit shall be governed by the original terms and conditions of saidcontracts or the law in force at the time such rights were vested& and

(e) In the resolution of controversies arising under this *ode where no legalprovision or jurisprudence applies! resort may be had to the customs andtraditions in the place where the controversies take place

CHAPTER IIGeneral Powers and Attributes o !ocal Go"ern#ent $nits

Section %. !#thority to Create Local Government %nits. - A local governmentunit may be created! divided! merged! abolished! or its boundaries substantiallyaltered either by law enacted by *ongress in the case of a province! city!

municipality! or any other political subdivision! or by ordinance passed by the

sangguniang panlalawigan or sangguniang panlungsod concerned in the caseof a barangay located within its territorial jurisdiction! subject to such limitationsand re#uirements prescribed in this *ode

Section &. Creation and Conversion. - As a general rule! the creation of a localgovernment unit or its conversion from one level to another level shall be basedon verifiable indicators of viability and projected capacity to provide services! towit%

(a) Income - It must be sufficient! based on acceptable standards! toprovide for all essential government facilities and services and specialfunctions commensurate with the si"e of its population! as e'pected of the local government unit concerned&

(b) opulation - It shall be determined as the total number of inhabitants within the territorial jurisdiction of the local government unitconcerned& and

(c) and Area - It must be contiguous! unless it comprises two or moreislands or is separated by a local government unit independent of the

others& properly identified by metes and bounds with technicaldescriptions& and sufficient to provide for such basic services andfacilities to meet the re#uirements of its populace

*ompliance with the foregoing indicators shall be attested to by theepartment of .inance (/.)! the 0ational Statistics /ffice (0S/)! andthe ands 1anagement 2ureau (12) of the epartment of +nvironment and 0atural ,esources (+0,)

Section '. Division and &er'er. - ivision and merger of e'isting localgovernment units shall comply with the same re#uirements herein prescribed for their creation% rovided! however! That such division shall not reduce the

income! population! or land area of the local government unit or units concernedto less than the minimum re#uirements prescribed in this *ode% rovided!further! That the income classification of the original local government unit or units shall not fall below its current classification prior to such division

The income classification of local government units shall be updated within si'(3) months from the effectivity of this *ode to reflect the changes in their financial position resulting from the increased revenues as provided herein

Section (. !(olition of Local Government %nits. - A local government unit maybe abolished when its income! population! or land area has been irreversiblyreduced to less than the minimum standards prescribed for its creation under

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2ook III of this *ode! as certified by the national agencies mentioned in Section4 hereof to *ongress or to the sangguniang concerned! as the case may be

The law or ordinance abolishing a local government unit shall specify theprovince! city! municipality! or barangay with which the local government unitsought to be abolished will be incorporated or merged

Section 1). Ple(iscite e)#irement. - 0o creation! division! merger! abolition! or substantial alteration of boundaries of local government units shall take effectunless approved by a majority of the votes cast in a plebiscite called for thepurpose in the political unit or units directly affected Said plebiscite shall beconducted by the *ommission on +lections (*/1++*) within one hundredtwenty (567) days from the date of effectivity of the law or ordinance effectingsuch action! unless said law or ordinance fi'es another date

Section 11. election and Transfer of Local Government ite* Offices and +acilities. -

(a) The law or ordinance creating or merging local government unitsshall specify the seat of government from where governmental and

corporate services shall be delivered In selecting said site! factorsrelating to geographical centrality! accessibility! availability of transportation and communication facilities! drainage and sanitation!development and economic progress! and other relevant considerationsshall be taken into account

(b) 8hen conditions and developments in the local government unitconcerned have significantly changed subse#uent to the establishmentof the seat of government! its sanggunian may! after public hearing andby a vote of two-thirds (69:) of all its members! transfer the same to asite better suited to its needs rovided! however! That no such transfer shall be made outside the territorial boundaries of the local government

unit concerned

The old site! together with the improvements thereon! may be disposedof by the sale or lease or converted to such other use as thesangguniang concerned may deem beneficial to the local governmentunit concerned and its inhabitants

(c) ocal government offices and facilities shall not be transferred!relocated! or converted to other uses unless public hearings are firstconducted for the purpose and the concurrence of the majority of all themembers of the sanggunian concerned is obtained

Section 12. Government Centers. - rovinces! cities! and municipalities shallendeavor to establish a government center where offices! agencies! or branches of the national government! local government units! or government-owned or controlled corporations may! as far as practicable! be located Indesignating such a center! the local government unit concerned shall take intoaccount the e'isting facilities of national and local agencies and offices whichmay serve as the government center as contemplated under this Section Thenational government! local government unit or government-owned or controlledcorporation concerned shall bear the e'penses for the construction of its

buildings and facilities in the government center

Section 13. ,amin' of Local Government %nits and P#(lic Places* treets and tr#ct#res. -

(a) The sangguniang panlalawigan may! in consultation with thehilippine ;istorical *ommission (;*)! change the name of thefollowing within its territorial jurisdiction%

(5) *omponent cities and municipalities! upon therecommendation of the sanggunian concerned&

(6) rovincial roads! avenues! boulevards! thoroughfares! andbridges&

(:) ublic vocational or technical schools and other post-secondary and tertiary schools&

(<) rovincial hospitals! health centers! and other healthfacilities& and

(=) Any other public place or building owned by the provincialgovernment

(b) The sanggunian of highly urbani"ed cities and of component citieswhose charters prohibit their voters from voting for provincial electiveofficials! hereinafter referred to in this *ode as independent componentcities! may! in consultation with the hilippine ;istorical *ommission!change the name of the following within its territorial jurisdiction%

(5) *ity barangays! upon the recommendation of thesangguniang barangay concerned&

(6) *ity roads! avenues! boulevards! thoroughfares! and

bridges&3



(:) ublic elementary! secondary and vocational or technicalschools! community colleges and non-chartered colleges&

(<) *ity hospitals! health centers and other health facilities& and

(=) Any other public place or building owned by the citygovernment

(c) The sanggunians of component cities and municipalities may! inconsultation with the hilippine ;istorical *ommission! change thename of the following within its territorial jurisdiction%

(5) *ity and municipal barangays! upon recommendation of thesangguniang barangay concerned&

(6) *ity! municipal and barangay roads! avenues! boulevards!thoroughfares! and bridges&

(:) *ity and municipal public elementary! secondary andvocational or technical schools! post- secondary and other

tertiary schools&

(<) *ity and municipal hospitals! health centers and other healthfacilities& and

(=) Any other public place or building owned by the municipalgovernment

(d) 0one 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 (57) years The name of a local governmentunit or a public place! street or structure with historical! cultural! or ethnic significance shall not be changed! unless by a unanimous vote of the sanggunian concerned and in consultation with the ;*

(e) A change of name of a public school shall be made only upon therecommendation 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 thelocal health board concerned

(g) The change of name of any local government unit shall be effectiveonly upon ratification in a plebiscite conducted for the purpose in thepolitical unit directly affected

(h) In any change of name! the /ffice of the resident! therepresentative of the legislative district concerned! and the 2ureau of osts shall be notified

Section 14. -e'innin' of Corporate /istence. - 8hen a new local government

unit is created! its corporate e'istence shall commence upon the election and#ualification of its chief e'ecutive and a majority of the members of itssanggunian! unless some other time is fi'ed therefor by the law or ordinancecreating it

Section 15. Political and Corporate ,at#re of Local Government %nits. - +verylocal government unit created or recogni"ed under this *ode is a body politicand corporate endowed with powers to be e'ercised by it in conformity with law

As such! it shall e'ercise powers as a political subdivision of the nationalgovernment and as a corporate entity representing the inhabitants of its territory

Section 1%. General 0elfare. - +very local government unit shall e'ercise thepowers e'pressly granted! those necessarily implied therefrom! as well aspowers necessary! appropriate! or incidental for its efficient and effectivegovernance! and those which are essential to the promotion of the generalwelfare 8ithin their respective territorial jurisdictions! local government unitsshall ensure and support! among other things! the preservation and enrichmentof culture! promote health and safety! enhance the right of the people to abalanced ecology! encourage and support the development of appropriate andself-reliant scientific and technological capabilities! improve public morals!enhance economic prosperity and social justice! promote full employmentamong their residents! maintain peace and order! and preserve the comfort andconvenience of their inhabitants

Section 1&. -asic ervices and +acilities. -

(a) ocal government units shall endeavor to be self-reliant and shallcontinue e'ercising the powers and discharging the duties andfunctions currently vested upon them They shall also discharge thefunctions and responsibilities of national agencies and offices devolvedto them pursuant to this *ode ocal government units shall likewisee'ercise such other powers and discharge such other functions andresponsibilities as are necessary! appropriate! or incidental to efficientand effective provisions of the basic services and facilities enumeratedherein

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(b) Such basic services and facilities include! but are not limited to! thefollowing%

(5) .or 2arangay%

(i) Agricultural support services which include plantingmaterials distribution system and operation of farmproduce collection and buying stations&

(ii) ;ealth and social welfare services which includemaintenance of barangay health center and day-carecenter&

(iii) Services and facilities related to general hygieneand sanitation! beautification! and solid wastecollection&

(iv) 1aintenance of katarungang pambarangay&

(v) 1aintenance of barangay roads and bridges and

water supply systems&

(vi) Infrastructure facilities such as multi-purpose hall!multipurpose pavement! pla"a! sports center! and other similar facilities&

(vii) Information and reading center& and

(viii) Satellite or public market! where viable&

(6) .or a 1unicipality%

(i) +'tension and on-site research services and facilitiesrelated to agriculture and fishery activities which includedispersal of livestock and poultry! fingerlings! and other seedling materials for a#uaculture& palay! corn! andvegetable seed farms& medicinal plant gardens& fruittree! coconut! and other kinds of seedling nurseries&demonstration farms& #uality control of copra andimprovement and development of local distributionchannels! preferably through cooperatives&interbarangay irrigation system& water and soil resourceutili"ation and conservation projects& and enforcement

of fishery laws in municipal waters including theconservation of mangroves&

(ii) ursuant to national policies and subject tosupervision! control and review of the +0,!implementation of community-based forestry projectswhich include integrated social forestry programs andsimilar projects& management and control of communalforests with an area not e'ceeding fifty (=7) s#uare

kilometers& establishment of tree parks! greenbelts! andsimilar forest development projects&

(iii) Subject to the provisions of Title .ive! 2ook I of this*ode! health services which include the implementationof programs and projects on primary health care!maternal and child care! and communicable and non-communicable disease control services! access tosecondary and tertiary health services& purchase of medicines! medical supplies! and e#uipment needed tocarry out the services herein enumerated&

(iv) Social welfare services which include programs andprojects on child and youth welfare! family andcommunity welfare! women$s welfare! welfare of theelderly and disabled persons& community-basedrehabilitation programs for vagrants! beggars! streetchildren! scavengers! juvenile delin#uents! and victimsof drug abuse& livelihood and other pro-poor projects&nutrition services& and family planning services&

(v) Information services which include investments and job placement information systems! ta' and marketing

information systems! and maintenance of a publiclibrary&

(vi) Solid waste disposal system or environmentalmanagement system and services or facilities related togeneral hygiene and sanitation&

(vii) 1unicipal buildings! cultural centers! public parksincluding freedom parks! playgrounds! and other sportsfacilities and e#uipment! and other similar facilities&

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(viii) Infrastructure facilities intended primarily to servicethe needs of the residents of the municipality and whichare funded out of municipal funds including but notlimited to! municipal roads and bridges& schoolbuildings and other facilities for public elementary andsecondary schools& clinics! health centers and other health facilities necessary to carry out health services&communal irrigation! small water impounding projectsand other similar projects& fish ports& artesian wells!

spring development! rainwater collectors and water supply systems& seawalls! dikes! drainage andsewerage! and flood control& traffic signals and roadsigns& and similar facilities&

(i') ublic markets! slaughterhouses and other municipal enterprises&

(') ublic cemetery&

('i) Tourism facilities and other tourist attractions!including the ac#uisition of e#uipment! regulation andsupervision of business concessions! and securityservices for such facilities& and

('ii) Sites for police and fire stations and substationsand municipal jail&

(:) .or a rovince%

(i) Agricultural e'tension and on-site research servicesand facilities which include the prevention and controlof plant and animal pests and diseases& dairy farms!

livestock markets! animal breeding stations! andartificial insemination centers& and assistance in theorgani"ation of farmers and fishermen$s cooperatives!and other collective organi"ations! as well as thetransfer of appropriate technology&

(ii) Industrial research and development services! aswell as the transfer of appropriate technology&

(iii) ursuant to national policies and subject tosupervision! control and review of the +0,!enforcement of forestry laws limited to community-

based forestry projects! pollution control law! small-scale mining law! and other laws on the protection of the environment& and mini-hydroelectric projects for local purposes&

(iv) Subject to the provisions of Title .ive! 2ook I of this*ode! health services which include hospitals and other tertiary health services&

(v) Social welfare services which include programs andprojects on rebel returnees and evacuees& relief operations& and population development services&

(vi) rovincial buildings! provincial jails! freedom parksand other public assembly areas and similar facilities&

(vii) Infrastructure facilities intended to service theneeds of the residence of the province and which arefunded out of provincial funds including! but not limitedto! provincial roads and bridges& inter-municipal

waterworks! drainage and sewerage! flood control! andirrigation systems& reclamation projects& and similar facilities&

(viii) rograms and projects for low-cost housing andother mass dwellings! e'cept those funded by theSocial Security System (SSS)! >overnment ServiceInsurance System p 546 (>SIS)! and the ;omeevelopment 1utual .und (;1.)% rovided! Thatnational funds for these programs and projects shall bee#uitably allocated among the regions in proportion tothe ratio of the homeless to the population&

(i') Investment support services! including access tocredit financing&

(') ?pgrading and moderni"ation of ta' information andcollection services through the use of computer hardware and software and other means&

('i) Inter-municipal telecommunications services!subject to national policy guidelines& and

('ii) Tourism development and promotion programs&

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(<) .or a *ity%

All the services and facilities of the municipality and province!and in addition thereto! the following%

(5) Ade#uate communication and transportationfacilities&

(c) 0otwithstanding the provisions of subsection (b) hereof! public worksand infrastructure projects and other facilities! programs and servicesfunded by the national government under the annual >eneral

Appropriations Act! other special laws! pertinent e'ecutive orders! andthose wholly or partially funded from foreign sources! are not coveredunder this Section! e'cept in those cases where the local governmentunit concerned is duly designated as the implementing agency for suchprojects! facilities! programs! and services

(d) The designs! plans! specifications! testing of materials! and theprocurement of e#uipment and materials at 547 from both foreign andlocal sources necessary for the provision of the foregoing services and

facilities shall be undertaken by the local government unit concerned!based on national policies! standards and guidelines

(e) 0ational agencies or offices concerned shall devolve to localgovernment units the responsibility for the provision of basic servicesand facilities enumerated in this Section within si' (3) months after theeffectivity of this *ode

As used in this *ode! the term @devolution@ refers to the act by whichthe national government confers power and authority upon the variouslocal government units to perform specific functions and responsibilities

(f) The national government or the ne't higher level of local governmentunit may provide or augment the basic services and facilities assignedto a lower level of local government unit when such services or facilitiesare not made available or! if made available! are inade#uate to meet there#uirements of its inhabitants

(g) The basic services and facilities hereinabove enumerated shall befunded from the share of local government units in the proceeds of national ta'es and other local revenues and funding support from thenational government! its instrumentalities and government-owned or controlled corporations which are tasked by law to establish andmaintain such services or facilities Any fund or resource available for

the use of local government units shall be first allocated for theprovision of basic services or facilities enumerated in subsection (b)hereof before applying the same for other purposes! unless otherwiseprovided in this *ode

(h) ,egional offices of national agencies or offices whose functions aredevolved to local government units as provided herein shall be phasedout within one (5) year from the approval of this *ode Said nationalagencies and offices may establish such field units as may be

necessary for monitoring purposes and providing technical assistanceto local government units The properties! e#uipment! and other assetsof these regional offices shall be distributed to the local governmentunits in the region in accordance with the rules and regulations issuedby the oversight committee created under this *ode

(i) The devolution contemplated in this *ode shall include the transfer tolocal government units of the records! e#uipment! and other assets andpersonnel of national agencies and offices corresponding to thedevolved powers! functions! and responsibilities

ersonnel of said national agencies or offices shall be absorbed by thelocal government units to which they belong or in whose areas they areassigned to the e'tent that it is administratively viable as determined bythe said oversight committee% rovided! That the rights accorded tosuch personnel pursuant to civil service law! rules and regulations shallnot be impaired% rovided! further! That regional directors who arecareer e'ecutive service officers and other officers of similar rank in thesaid regional offices who cannot be absorbed by the local governmentunit shall be retained by the national government! without anydiminution of rank! salary or tenure

(j) To ensure the active participation of the private sector in localgovernance! local government units may! by ordinance! sell! lease!encumber! or otherwise dispose of public economic enterprises ownedby them in their proprietary capacity

*osts may also be charged for the delivery of basic services or facilitiesenumerated in this Section

Section 1'. Power to Generate and !pply eso#rces. - ocal government unitsshall have the power and authority to establish an organi"ation that shall beresponsible for the efficient and effective implementation of their developmentplans! program objectives and priorities& to create their own sources of revenuesand to levy ta'es! fees! and charges which shall accrue e'clusively for their use

and disposition and which shall be retained by them& to have a just share in7



national ta'es which shall be automatically and directly released to them withoutneed of any further action& to have an e#uitable share in the proceeds from theutili"ation and development of the national wealth and resources within their respective territorial jurisdictions including sharing the same with the inhabitantsby way of direct benefits& to ac#uire! develop! lease! encumber! alienate! or otherwise dispose of real or personal property held by them in their proprietarycapacity and to apply their resources and assets for productive! developmental!or welfare purposes! in the e'ercise 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 nationalgoals

Section 1(. minent Domain. - A local government unit may! through its chief e'ecutive and acting pursuant to an ordinance! e'ercise the power of eminentdomain for public use! or purpose or welfare for the benefit of the poor and thelandless! upon payment of just compensation! pursuant to the provisions of the*onstitution and pertinent laws% rovided! however! That the power of eminentdomain may not be e'ercised unless a valid and definite offer has beenpreviously made to the owner! and such offer was not accepted% rovided!further! That the local government unit may immediately take possession of theproperty upon the filing of the e'propriation proceedings and upon making a

deposit with the proper court of at least fifteen percent (5=) of the fair marketvalue of the property based on the current ta' declaration of the property to bee'propriated% rovided! finally! That! the amount to be paid for the e'propriatedproperty shall be determined by the proper court! based on the fair market valueat the time of the taking of the property

Section 2). eclassification of Lands. -

(a) A city or municipality may! through an ordinance passed by thesanggunian after conducting public hearings for the purpose! authori"ethe reclassification of agricultural lands and provide for the manner of their utili"ation or disposition in the following cases% (5) when the land

ceases to be economically feasible and sound for agricultural purposesas determined by the epartment of Agriculture or (6) where the landshall have substantially greater economic value for residential!commercial! or industrial purposes! as determined by the sanggunianconcerned% rovided! That such reclassification shall be limited to thefollowing percentage of the total agricultural land area at the time of thepassage of the ordinance%

(5) .or highly urbani"ed and independent component cities!fifteen percent (5=)&

(6) .or component cities and first to the third classmunicipalities! ten percent (57)& and

(:) .or fourth to si'th class municipalities! five percent (=)%rovided! further! That agricultural lands distributed to agrarianreform beneficiaries pursuant to ,epublic Act 0umbered Si'ty-si' hundred fifty-seven (,A 0o 33=4) otherwise known as@The *omprehensive Agrarian ,eform aw@! shall not beaffected by the said reclassification and the conversion of such

lands into other purposes shall be governed by Section 3= of said Act

(b) The resident may! when public interest so re#uires and uponrecommendation of the 0ational +conomic and evelopment Authority!authori"e a city or municipality to reclassify lands in e'cess of the limitsset in the ne't preceding paragraph

(c) The local government units shall! in conformity with e'isting laws!continue to prepare their respective comprehensive land use plansenacted through "oning ordinances which shall be the primary anddominant bases for the future use of land resources% rovided That there#uirements for food production! human settlements! and industriale'pansion shall be taken into consideration in the preparation of suchplans

(d) 8here approval by a national agency is re#uired for reclassification!such approval shall not be unreasonably withheld .ailure to act on aproper and complete application for reclassification within three (:)months from receipt of the same shall be deemed as approval thereof

(e) 0othing in this Section shall be construed as repealing! amending!or modifying in any manner the provisions of ,A 0o 33=4

Section 21. Clos#re and Openin' of oads. -

(a) A local government unit may! pursuant to an ordinance! permanentlyor temporarily close or open any local road! alley! park! or s#uare fallingwithin its jurisdiction% rovided! however! That in case of permanentclosure! such ordinance must be approved by at least two-thirds (69:) of all the members of the sanggunian! and when necessary! an ade#uatesubstitute for the public facility that is subject to closure is provided

(b) 0o such way or place or any part thereof shall be permanentlyclosed without making provisions for the maintenance of public safety

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therein A property thus permanently withdrawn from public use may beused or conveyed for any purpose for which other real propertybelonging to the local government unit concerned may be lawfully usedor conveyed% rovided! however! That no freedom park shall be closedpermanently without provision for its transfer or relocation to a new site

(c) Any national or local road! alley! park! or s#uare may be temporarilyclosed during an actual emergency! or fiesta celebrations! public rallies!agricultural or industrial fairs! or an undertaking of public works and

highways! telecommunications! and waterworks projects! the duration of which shall be specified by the local chief e'ecutive concerned in awritten order% rovided! however! That no national or local road! alley!park! or s#uare shall be temporarily closed for athletic! cultural! or civicactivities not officially sponsored! recogni"ed! or approved by the localgovernment unit concerned

(d) Any city! municipality! or barangay may! by a duly enactedordinance! 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 establishedand where goods! merchandise! foodstuffs! commodities! or articles of

commerce may be sold and dispensed to the general public

Section 22. Corporate Powers. -

(a) +very local government unit! as a corporation! shall have thefollowing powers%

(5) To have continuous succession in its corporate name&

(6) To sue and be sued&

(:) To have and use a corporate seal&

(<) To ac#uire and convey real or personal property&

(=) To enter into contracts& and

(3) To e'ercise such other powers as are granted tocorporations! subject to the limitations provided in this *odeand other laws

(b) ocal government units may continue using! modify! or change their

e'isting corporate seals% rovided! That newly established local

government units or those without corporate seals may create their owncorporate seals which shall be registered with the epartment of theInterior and ocal >overnment% rovided! further! That any change of corporate seal shall also be registered as provided hereon

(c) ?nless otherwise provided in this *ode! no contract may be enteredinto by the local chief e'ecutive in behalf of the local government unitwithout prior authori"ation by the sanggunian concerned A legible copyof such contract shall be posted at a conspicuous place in the provincial

capitol or the city! municipal or barangay hall

(d) ocal government units shall enjoy full autonomy in the e'ercise of their proprietary functions and in the limitations provided in this *odeand other applicable laws!

Section 23. !#thority to ,e'otiate and ec#re Grants. - ocal chief e'ecutivesmay! upon authority of the sanggunian! negotiate and secure financial grants or donations in kind! in support of the basic services or facilities enumerated under Section 54 hereof! from local and foreign assistance agencies without necessityof securing clearance or approval therefor from any department! agency! or office of the national government of from any higher local government unit%rovided! That projects financed by such grants or assistance with nationalsecurity implications shall be approved by the national agency concerned%rovided! further! That when such national agency fails to act on the re#uest for approval within thirty (:7) days from receipt thereof! the same shall be deemedapproved

The local chief e'ecutive shall! within thirty (:7) days upon signing of such grantagreement or deed of donation! report the nature! amount! and terms of suchassistance to both ;ouses of *ongress and the resident

Section 24. Lia(ility for Dama'es. - ocal government units and their officials

are not e'empt from liability for death or injury to persons or damage toproperty

CHAPTER IIIInter*o"ern#ental Relations

ARTIC!E I+ational Go"ern#ent and !ocal Go"ern#ent $nits

Section 25. ,ational #pervision over Local Government %nits. -

9



(a) *onsistent with the basic policy on local autonomy! the residentshall e'ercise general supervision over local government units toensure that their acts are within the scope of their prescribed powersand functions

The resident shall e'ercise supervisory authority directly over provinces! highly urbani"ed cities! and independent component cities&through the province with respect to component cities andmunicipalities& and through the city and municipality with respect to

barangays

(b) 0ational agencies and offices with project implementation functionsshall coordinate with one another and with the local government unitsconcerned in the discharge of these functions They shall ensure theparticipation of local government units both in the planning andimplementation of said national projects

(c) The resident may! upon re#uest of the local government unitconcerned! direct the appropriate national agency to provide financial!technical! or other forms of assistance to the local government unitSuch assistance shall be e'tended at no e'tra cost to the localgovernment unit concerned

(d) 0ational agencies and offices including government-owned or controlled corporations with field units or branches in a province! city! or municipality shall furnish the local chief e'ecutive concerned! for hisinformation and guidance! monthly reports including duly certifiedbudgetary allocations and e'penditures

Section 2%. D#ty of ,ational Government !'encies in the &aintenance of colo'ical -alance. - It shall be the duty of every national agency or government-owned or controlled corporation authori"ing or involved in the

planning and implementation of any project or program that may causepollution! climatic change! depletion of non-renewable resources! loss of cropland! rangeland! or forest cover! and e'tinction of animal or plant species! toconsult with the local government units! nongovernmental organi"ations! andother sectors concerned and e'plain the goals and objectives of the project or program! its impact upon the people and the community in terms of environmental or ecological balance! and the measures that will be undertakento prevent or minimi"e the adverse effects thereof

Section 2&. Prior Cons#ltations e)#ired. - 0o project or program shall beimplemented by government authorities unless the consultations mentioned inSections 6 (c) and 63 hereof are complied with! and prior approval of the

sanggunian concerned is obtained% rovided! That occupants in areas where

such projects are to be implemented shall not be evicted unless appropriaterelocation sites have been provided! in accordance with the provisions of the*onstitution

ARTIC!E IIRelations wit, t,e P,ili--ine +ational Police

Section 2'. Powers of Local Chief /ec#tives over the %nits of the Philippine,ational Police. - The e'tent of operational supervision and control of local chief

e'ecutives over the police force! fire protection unit! and jail managementpersonnel assigned in their respective jurisdictions shall be governed by theprovisions of ,epublic Act 0umbered Si'ty-nine hundred seventy-five (,A 0o3B4=)! otherwise known as @The epartment of the Interior and ocal>overnment Act of 5BB7@! and the rules and regulations issued pursuantthereto

ARTIC!E IIIInter!ocal Go"ern#ent Relations

Section 2(. Provincial elations with Component Cities and &#nicipalities. -

The province! through the governor! shall ensure that every component city andmunicipality within its territorial jurisdiction acts within the scope of its prescribedpowers and functions ;ighly urbani"ed cities and independent componentcities shall be independent of the province

Section 3). eview of /ec#tive Orders. -

(a) +'cept as otherwise provided under the *onstitution and specialstatutes! the governor shall review all e'ecutive orders promulgated bythe component city or municipal mayor within his jurisdiction The city or municipal mayor shall review all e'ecutive orders promulgated by thepunong barangay within his jurisdiction *opies of such orders shall be

forwarded to the governor or the city or municipal mayor! as the casemay be! within three (:) days from their issuance In all instances of review! the local chief e'ecutive concerned shall ensure that suche'ecutive orders are within the powers granted by law and in conformitywith provincial! city! or municipal ordinances

(b) If the governor or the city or municipal mayor fails to act on saide'ecutive orders within thirty (:7) days after their submission! the sameshall be deemed consistent with law and therefore valid

Section 31. #(mission of &#nicipal #estions to the Provincial Le'al Officer or Prosec#tor. - In the absence of a municipal legal officer! the municipal

10



government may secure the opinion of the provincial legal officer! and in theabsence of the latter! that of the provincial prosecutor on any legal #uestionaffecting the municipality

Section 32. City and &#nicipal #pervision over Their espective -aran'ays. -The city or municipality! through the city or municipal mayor concerned! shalle'ercise general supervision over component barangays to ensure that saidbarangays act within the scope of their prescribed powers and functions

Section 33. Cooperative %nderta2in's !mon' Local Government %nits. - ocalgovernment units may! through appropriate ordinances! group themselves!consolidate! or coordinate their efforts! services! and resources for purposescommonly beneficial to them In support of such undertakings! the localgovernment units involved may! upon approval by the sanggunian concernedafter a public hearing conducted for the purpose! contribute funds! real estate!e#uipment! and other kinds of property and appoint or assign personnel under such terms and conditions as may be agreed upon by the participating localunits through 1emoranda of Agreement

CHAPTER I/Relations 0it, Peo-les and +onGo"ern#ental r*aniations

Section 34. ole of People3s and ,on4'overnmental Or'anizations. - ocalgovernment units shall promote the establishment and operation of people$sand non-governmental organi"ations to become active partners in the pursuit of local autonomy

Section 35. Lin2a'es with People3s and ,on4'overnmental Or'anizations. -ocal government units may enter into joint ventures and such other cooperative arrangements with people$s and non-governmental organi"ations toengage in the delivery of certain basic services! capability-building andlivelihood projects! and to develop local enterprises designed to improve

productivity and income! diversity agriculture! spur rural industriali"ation!promote ecological balance! and enhance the economic and social well-being of the people

Section 3%. !ssistance to People3s and ,on4'overnmental Or'anizations. - Alocal government unit may! through its local chief e'ecutive and with theconcurrence of the sanggunian concerned! provide assistance! financial or otherwise! to such people$s and non-governmental organi"ations for economic!socially-oriented! environmental! or cultural projects to be implemented within itsterritorial jurisdiction

CHAPTER /!ocal Preualiication 6ids and Awards Co##ittee

Section 3&. Local Pre)#alification* -ids and !wards Committee 5Local P-!C6. -

(a) There is hereby created a local pre#ualification! bids and awardscommittee in every province! city! and municipality! which shall beprimarily responsible for the conduct of pre#ualification of contractors!bidding! evaluation of bids! and the recommendation of awards

concerning local infrastructure projects The governor or the city or municipal mayor shall act as the chairman with the following asmembers%

(5) The chairman of the appropriations committee of thesanggunian concerned&

(6) A representative of the minority party in the sanggunianconcerned! if any! or if there be none! one (5) chosen by saidsanggunian from among its members&

(:) The local treasurer&

(<) Two (6) representatives of non-governmental organi"ationsthat are represented in the local development councilconcerned! to be chosen by the organi"ations themselves& and

(=) Any practicing certified public accountant from the privatesector! to be designated by the local chapter of the hilippineInstitute of *ertified ublic Accountants! if any

,epresentatives of the *ommission on Audit shall observe theproceedings of such committee and shall certify that the rulesand procedures for pre#ualification! bids and awards have beencomplied with

(b) The agenda and other information relevant to the meetings of suchcommittee shall be deliberated upon by the committee at least one (5)week before the holding of such meetings

(c) All meetings of the committee shall be held in the provincial capitolor the city or municipal hall The minutes of such meetings of thecommittee and any decision made therein shall be duly recorded!posted at a prominent place in the provincial capitol or the city or

11



municipal hall! and delivered by the most e'pedient means to electivelocal officials concerned

Section 3'. Local Technical Committee. -

(a) There is hereby created a local technical committee in everyprovince! city and municipality to provide technical assistance to thelocal pre#ualification! bids and awards committees It shall becomposed of the provincial! city or municipal engineer! the local

planning and development coordinator! and such other officialsdesignated by the local pre#ualification! bids and awards committee

(b) The chairman of the local technical committee shall be designatedby the local pre#ualification! bids and awards committee and shallattend its meeting in order to present the reports and recommendationsof the local technical committee

TIT!E IIE!ECTI/E 77ICIA!S

CHAPTER I8ualiications and Election

Section 3(. #alifications. -

(a) An elective local official must be a citi"en of the hilippines& aregistered voter in the barangay! municipality! city! or province or! in thecase of a member of the sangguniang panlalawigan! sangguniangpanlungsod! or sangguniang bayan! the district where he intends to beelected& a resident therein for at least one (5) year immediatelypreceding the day of the election& and able to read and write .ilipino or any other local language or dialect

(b) *andidates for the position of governor! vice-governor! or member of the sangguniang panlalawigan! or mayor! vice-mayor or member of thesangguniang panlungsod of highly urbani"ed cities must be at leasttwenty-one (65) years of age on election day

(c) *andidates for the position of mayor or vice-mayor of independentcomponent cities! component cities! or municipalities must be at leasttwenty-one (65) years of age on election day

(d) *andidates for the position of member of the sangguniangpanlungsod or sangguniang bayan must be at least eighteen (5C) yearsof age on election day

(e) *andidates for the position of punong barangay or member of thesangguniang barangay must be at least eighteen (5C) years of age onelection day

(f) *andidates for the sangguniang kabataan must be at least fifteen

(5=) years of age but not more than twenty-one (65) years of age onelection day

Section 4). Dis)#alifications. - The following persons are dis#ualified fromrunning for any elective local position%

(a) Those sentenced by final judgment for an offense involving moralturpitude or for an offense punishable by one (5) year or more of imprisonment! within two (6) years after serving sentence&

(b) Those removed from office as a result of an administrative case&

(c) Those convicted by final judgment for violating the oath of allegianceto the ,epublic&

(d) Those with dual citi"enship&

(e) .ugitives from justice in criminal or non-political cases here or abroad&

(f) ermanent residents in a foreign country or those who have ac#uiredthe right to reside abroad and continue to avail of the same right after the effectivity of this *ode& and

(g) The insane or feeble-minded

Section 41. &anner of lection. -

(a) The governor! vice-governor! city mayor! city vice-mayor! municipalmayor! municipal vice-mayor! and punong barangay shall beelected at large in their respective units by the #ualified voterstherein ;owever! the sangguniang kabataan chairman for eachbarangay shall be elected by the registered voters of the katipunanng kabataan! as provided in this *ode

12



@(b) The regular members of the sangguniang panlalawigan!sangguniang panlungsod! and sangguniang bayan shall beelected by district as follows%

@.irst and second-class provinces shall have ten (57) regular members& third and fourth-class provinces! eight (C)& and fifth andsi'th-class provinces! si' (3)% Provided ! That in provinces having morethan five (=) legislative districts! each district shall have two (6)sangguniang panlalawigan members! without prejudice to the

provisions of Sec 6 of ,epublic Act 0o 33:4 Sangguniang barangaymembers shall be elected at large The presidents of the leagues of sanggunian members of component cities and municipalities shallserve ase/ officio members of the sangguniang panlalawiganconcerned The presidents of the liga ng mga barangay and thepederasyon ng mga sangguniang kabataan elected by their respectivechapters! as provided in this *ode! shall serve as e' officio membersof the sangguniang panlalawigan! sangguniang panlungsod! andsangguniang bayan@

(c) In addition thereto! there shall be one (5) sectoral representativefrom the women! one (5) from the workers! and one (5) from any of the

following sectors% the urban poor! indigenous cultural communities!disabled persons! or any other sector as may be determined by thesanggunian concerned within ninety (B7) days prior to the holding of thene't local elections as may be provided for by law The */1++* shallpromulgate the rules and regulations to effectively provide for theelection of such sectoral representatives

Section 42. Date of lection. - ?nless otherwise provided by law! the electionsfor local officials shall be held every three (:) years on the second 1onday of 1ay

Section 43. Term of Office. D

@Sec <: Term of office. D (a) The term of office of all elective officials electedafter the effectivity of this *ode shall be three (:) years! starting from noon of Eune :7! 5BB6 or such date as may be provided for by law! e'cept that of elective barangay off ic ials and members of the sangguniangkabataan% Provided ! That all local officials first elected during the local electionsimmediately following the ratification of the 5BC4 *onstitution shall serve untilnoon of Eune :7! 5BB6

@(b) 0o local elective official shall serve for more than three (:) consecutiveterms in the same position Foluntary renunciation of the office for any length of

time shall not be considered as an interruption in the continuity of service for thefull term for which the elective official concerned was elected

@(c) The term of barangay officials and members of the sangguniang kabataanshall be for five (=) years! which shall begin after the regular election of barangay officials on the second 1onday of 1ay 5BB4%Provided ! That thesangguniang kabataan members who were elected in the 1ay 5BB3 electionsshall serve until the ne't regular election of barangay officials@

CHAPTER II/acancies and Succession

Section 44. Permanent 7acancies in the Offices of the Governor* 7ice4Governor* &ayor* and 7ice4&ayor. - If a permanent vacancy occurs in the officeof the governor or mayor! the vice-governor or vice-mayor concerned shallbecome the governor or mayor If a permanent vacancy occurs in the offices of the governor! vice-governor! mayor! or vice-mayor! the highest rankingsanggunian member or! in case of his permanent inability! the second highestranking sanggunian member! shall become the governor! vice-governor! mayor or vice-mayor! as the case may be Subse#uent vacancies in the said officeshall be filled automatically by the other sanggunian members according to their

ranking as defined herein

(b) If a permanent vacancy occurs in the office of the punong barangay!the highest ranking sanggunian barangay member or! in case of hispermanent inability! the second highest ranking sanggunian member!shall become the punong barangay

(c) A tie between or among the highest ranking sanggunian membersshall be resolved by the drawing of lots

(d) The successors as defined herein shall serve only the une'pired

terms of their predecessors

.or purposes of this *hapter! a permanent vacancy arises when anelective local official fills a higher vacant office! refuses to assumeoffice! fails to #ualify! dies! is removed from office! voluntarily resigns! or is otherwise permanently incapacitated to discharge the functions of hisoffice

.or purposes of succession as provided in the *hapter! ranking in thesanggunian shall be determined on the basis of the proportion of votes obtainedby each winning candidate to the total number of registered voters in eachdistrict in the immediately preceding local election

13



Section 45. Permanent 7acancies in the an''#nian. -

(a) ermanent vacancies in the sanggunian where automaticsuccession provided above do not apply shall be filled by appointmentin the following manner%

(5) The resident! through the +'ecutive Secretary! in the caseof the sangguniang panlalawigan and the sangguniangpanlungsod of highly urbani"ed cities and independent

component cities&

(6) The governor! in the case of the sangguniang panlungsod of component cities and the sangguniang bayan&

(:) The city or municipal mayor! in the case of sangguniangbarangay! upon recommendation of the sangguniang barangayconcerned

(b) +'cept for the sangguniang barangay! only the nominee of thepolitical party under which the sanggunian member concerned had

been elected and whose elevation to the position ne't higher in rankcreated the last vacancy in the sanggunian shall be appointed in themanner hereinabove provided The appointee shall come from thesame political party as that of the sanggunian member who caused thevacancy and shall serve the une'pired term of the vacant office In theappointment herein mentioned! a nomination and a certificate of membership of the appointee from the highest official of the politicalparty concerned are conditions sine #ua non! and any appointmentwithout such nomination and certification shall be null and void ab initioand shall be a ground for administrative action against the officialresponsible therefore

(c) In case or permanent vacancy is caused by a sanggunian member who does not belong to any political party! the local chief e'ecutiveshall! upon recommendation of the sanggunian concerned! appoint a#ualified person to fill the vacancy

(d) In case of vacancy in the representation of the youth and thebarangay in the sanggunian! said vacancy shall be filled automaticallyby the official ne't in rank of the organi"ation concerned

Section 4%. Temporary 7acancy in the Office of the Local Chief /ec#tive. -

(a) 8hen the governor! city or municipal mayor! or punong barangay istemporarily incapacitated to perform his duties for physical or legalreasons such as! but not limited to! leave of absence! travel abroad!and suspension from office! the vice-governor! city or municipal vice-mayor! or the highest ranking sangguniang barangay member shallautomatically e'ercise the powers and perform the duties and functionsof the local chief e'ecutive concerned! e'cept the power to appoint!suspend! or dismiss employees which can only be e'ercised if theperiod of temporary incapacity e'ceeds thirty (:7) working days

(b) Said temporary incapacity shall terminate upon submission to theappropriate sanggunian of a written declaration by the local chief e'ecutive concerned that he has reported back to office In cases wherethe temporary incapacity is due to legal causes! the local chief e'ecutive concerned shall also submit necessary documents showingthat said legal causes no longer e'ist

(c) 8hen the incumbent local chief e'ecutive is traveling within thecountry but outside his territorial jurisdiction for a period not e'ceedingthree (:) consecutive days! he may designate in writing the officer-in-charge of the said office Such authori"ation shall specify the powers

and functions that the local official concerned shall e'ercise in theabsence of the local chief e'ecutive e'cept the power to appoint!suspend! or dismiss employees

(d) In the event! however! that the local chief e'ecutive concerned failsor refuses to issue such authori"ation! the vice-governor! the city or municipal vice-mayor! or the highest ranking sangguniang barangaymember! as the case may be! shall have the right to assume thepowers! duties! and functions of the said office on the fourth (<th) day of absence of the said local chief e'ecutive! subject to the limitationsprovided in subsection (c) hereof

(e) +'cept as provided above! the local chief e'ecutive shall in no caseauthori"e any local official to assume the powers! duties! and functionsof the office! other than the vice-governor! the city or municipal vice-mayor! or the highest ranking sangguniang barangay member! as thecase may be

Section 4&. !pproval of Leaves of !(sence. -

(a) eaves of absence of local elective officials shall be approved asfollows%

14



(5) eaves of absence of the governor and the mayor of ahighly urbani"ed city or an independent component city shall beapproved by the resident or his duly authori"edrepresentative&

(6) eaves of absence of vice-governor or a city or municipalvice-mayor shall be approved by the local chief e'ecutiveconcerned% rovided! That the leaves of absence of themembers of the sanggunian and its employees shall be

approved by the vice-governor or city or municipal vice-mayor concerned&

(:) eaves of absence of the component city or municipalmayor shall be approved by the governor& and

(<) eaves of absence of a punong barangay shall be approvedby the city or municipal mayor% rovided! That leaves of absence of sangguniang barangay members shall be approvedby the punong barangay

(b) 8henever the application for leave of absence hereinabovespecified is not acted upon within five (=) working days after receiptthereof! the application for leave of absence shall be deemed approved

CHAPTER III!ocal !e*islation

Section 4'. Local Le'islative Power. - ocal legislative power shall bee'ercised by the sangguniang panlalawigan for the province& the sangguniangpanlungsod for the city& the sangguniang bayan for the municipality& and thesangguniang barangay for the barangay

Section 4(. Presidin' Officer. -

(a) The vice-governor shall be the presiding officer of the sangguniangpanlalawigan& the city vice-mayor! of the sangguniang panlungsod& themunicipal vice-mayor! of the sangguniang bayan& and the punongbarangay! of the sangguniang barangay The presiding officer shall voteonly to break a tie

(b) In the event of the inability of the regular presiding officer to presideat a sanggunian session! the members present and constituting a#uorum shall elect from among themselves a temporary presidingofficer ;e shall certify within ten (57) days from the passage of

ordinances enacted and resolutions adopted by the sanggunian in thesession over which he temporarily presided

Section 5). $nternal #les of Proced#re. -

(a) /n the first regular session following the election of its members andwithin ninety (B7) days thereafter! the sanggunian concerned shalladopt or update its e'isting rules of procedure

(b) The rules of procedure shall provided for the following%

(5) The organi"ation of the sanggunian and the election of itsofficers as well as the creation of standing committees whichshall include! but shall not be limited to! the committees onappropriations! women and family! human rights! youth andsports development! environmental protection! andcooperatives& the general jurisdiction of each committee& andthe election of the chairman and members of each committee&

(6) The order and calendar of business for each session&

(:) The legislative process&

(<) The parliamentary procedures which include the conduct of members during sessions&

(=) The discipline of members for disorderly behavior andabsences without justifiable cause for four (<) consecutivesessions! for which they may be censured! reprimanded! or e'cluded from the session! suspended for not more than si'ty(37) days! or e'pelled% rovided! That the penalty of suspensionor e'pulsion shall re#uire the concurrence of at least two-thirds

(69:) vote of all the sanggunian members% rovided! further!That a member convicted by final judgment to imprisonment of at least one (5) year for any crime involving moral turpitudeshall be automatically e'pelled from the sanggunian& and

(3) Such other rules as the sanggunian may adoptlawphil8

Section 51. +#ll Disclos#re of +inancial and -#siness $nterests of an''#nian 1embers -

(a) +very sanggunian member shall! upon assumption to office! make a

full disclosure of his business and financial interests! or professional15



relationship or any relation by affinity or consanguinity within the fourthcivil degree! which he may have with any person! firm! or entity affectedby any ordinance or resolution under consideration by the sanggunianof which he is a member! which relationship may result in conflict of interest Such relationship shall include%

(5) /wnership of stock or capital! or investment! in the entity or firm to which the ordinance or resolution may apply& and

(6) *ontracts or agreements with any person or entity which theordinance or resolution under consideration may affect

In the absence of a specific constitutional or statutory provisionapplicable to this situation! @conflict of interest@ refers in generalto one where it may be reasonably deduced that a member of asanggunian may not act in the public interest due to someprivate! pecuniary! or other personal considerations that maytend to affect his judgment to the prejudice of the service or thepublic

(b) The disclosure re#uired under this Act shall be made in writing andsubmitted to the secretary of the sanggunian or the secretary of thecommittee of which he is a member The disclosure shall! in all cases!form part of the record of the proceedings and shall be made in thefollowing manner%

(5) isclosure shall be made before the member participates inthe deliberations on the ordinance or resolution under consideration% rovided! That! if the member did not participateduring the deliberations! the disclosure shall be made beforevoting on the ordinance or resolution on second and thirdreadings& and

(6) isclosure shall be made when a member takes a positionor makes a privilege speech on a matter that may affect thebusiness interest! financial connection! or professionalrelationship described herein

Section 52. essions. -

(a) /n the first day of the session immediately following the election of its members! the sanggunian shall! by resolution! fi' the day! time! andplace of its regular sessions The minimum numbers of regular sessionsshall be once a week for the sangguniang panlalawigan! sangguniang

panlungsod! and sangguniang bayan! and twice a month for thesangguniang barangay

(b) 8hen public interest so demands! special sessions may be calledby the local chief e'ecutive or by a majority of the members of thesanggunian

(c) All sanggunian sessions shall be open to the public unless a closed-door session is ordered by an affirmative vote of a majority of the

members present! there being a #uorum! in the public interest or for reasons of security! decency! or morality 0o two (6) sessions! regular or special! may be held in a single day

(d) In the case of special sessions of the sanggunian! a written notice tothe members shall be served personally at the member$s usual place of residence at least twenty-four (6<) hours before the special session isheld

?nless otherwise concurred in by two-thirds (69:) vote of thesanggunian members present! there being a #uorum! no other mattersmay be considered at a special session e'cept those stated in thenotice

(e) +ach sanggunian shall keep a journal and record of its proceedingswhich may be published upon resolution of the sanggunian concerned

Section 53. #or#m. -

(a) A majority of all the members of the sanggunian who have beenelected and #ualified shall constitute a #uorum to transact officialbusiness Should a #uestion of #uorum be raised during a session! thepresiding officer shall immediately proceed to call the roll of the

members and thereafter announce the results

(b) 8here there is no #uorum! the presiding officer may declare arecess until such time as a #uorum is constituted! or a majority of themembers present may adjourn from day to day and may compel theimmediate attendance of any member absent without justifiable causeby designating a member of the sanggunian to be assisted by amember or members of the police force assigned in the territorial

jurisdiction of the local government unit concerned! to arrest the absentmember and present him at the session

16



(c) If there is still no #uorum despite the enforcement of the immediatelypreceding subsection! no business shall be transacted The presidingofficer! upon proper motion duly approved by the members present!shall then declare the session adjourned for lack of #uorum

Section 54. !pproval of Ordinances. -

(a) +very ordinance enacted by the sangguniang panlalawigan!sangguniang panlungsod! or sangguniang bayan shall be presented to

the provincial governor or city or municipal mayor! as the case may beIf the local chief e'ecutive concerned approves the same! he shall affi'his signature on each and every page thereof& otherwise! he shall veto itand return the same with his objections to the sanggunian! which mayproceed to reconsider the same The sanggunian concerned mayoverride the veto of the local chief e'ecutive by two-thirds (69:) vote of all its members! thereby making the ordinance or resolution effective for all legal intents and purposes

(b) The veto shall be communicated by the local chief e'ecutiveconcerned to the sanggunian within fifteen (5=) days in the case of aprovince! and ten (57) days in the case of a city or a municipality&

otherwise! the ordinance shall be deemed approved as if he had signedit

(c) /rdinances enacted by the sangguniang barangay shall! uponapproval by the majority of all its members! be signed by the punongbarangay

Section 55. 7eto Power of the Local Chief /ec#tive. -

(a) The local chief e'ecutive may veto any ordinance of the sanggunianpanlalawigan! sangguniang panlungsod! or sanggunian bayan on the

ground that it is ultra vires or prejudicial to the public welfare! stating hisreasons therefor in writing

(b) The local chief e'ecutive! e'cept the punong barangay! shall havethe power to veto any particular item or items of an appropriationsordinance! an ordinance or resolution adopting a local developmentplan and public investment program! or an ordinance directing thepayment of money or creating liability In such a case! the veto shall notaffect the item or items which are not objected to The vetoed item or items shall not take effect unless the sanggunian overrides the veto inthe manner herein provided& otherwise! the item or items in the

appropriations ordinance of the previous year corresponding to thosevetoed! if any! shall be deemed reenacted

(c) The local chief e'ecutive may veto an ordinance or resolution onlyonce The sanggunian may override the veto of the local chief e'ecutiveconcerned by two-thirds (69:) vote of all its members! thereby makingthe ordinance effective even without the approval of the local chief e'ecutive concerned

Section 5%. eview of Component City and &#nicipal Ordinances or esol#tions (y the an''#nian' Panlalawi'an.

(a) 8ithin three (:) days after approval! the secretary to the sanggunianpanlungsod or sangguniang bayan shall forward to the sangguniangpanlalawigan for review! copies of approved ordinances and theresolutions approving the local development plans and publicinvestment programs formulated by the local development councils

(b) 8ithin thirty (:7) days after the receipt of copies of such ordinancesand resolutions! the sangguniang panlalawigan shall e'amine thedocuments or transmit them to the provincial attorney! or if there benone! to the provincial prosecutor for prompt e'amination Theprovincial attorney or provincial prosecutor shall! within a period of ten(57) days from receipt of the documents! inform the sangguniangpanlalawigan in writing of his comments or recommendations! whichmay be considered by the sangguniang panlalawigan in making itsdecision

(c) If the sangguniang panlalawigan finds that such an ordinance or resolution is beyond the power conferred upon the sangguniangpanlungsod or sangguniang bayan concerned! it shall declare suchordinance or resolution invalid in whole or in part The sangguniang

panlalawigan shall enter its action in the minutes and shall advise thecorresponding city or municipal authorities of the action it has taken

(d) If no action has been taken by the sangguniang panlalawigan withinthirty (:7) days after submission of such an ordinance or resolution! thesame shall be presumed consistent with law and therefore valid

Section 5&. eview of -aran'ay Ordinances (y the an''#nian' Panl#n'sod or an''#nian' -ayan. -

(a) 8ithin ten (57) days after its enactment! the sangguniang barangayshall furnish copies of all barangay ordinances to the sangguniang

17



panlungsod or sangguniang bayan concerned for review as to whether the ordinance is consistent with law and city or municipal ordinances

(b) If the sangguniang panlungsod or sangguniang bayan! as the casemay be! fails to take action on barangay ordinances within thirty (:7)days from receipt thereof! the same shall be deemed approved

(c) If the sangguniang panlungsod or sangguniang bayan! as the casemay be! finds the barangay ordinances inconsistent with law or city or

municipal ordinances! the sanggunian concerned shall! within thirty (:7)days from receipt thereof! return the same with its comments andrecommendations to the sangguniang barangay concerned for adjustment! amendment! or modification& in which case! the effectivity of the barangay ordinance is suspended until such time as the revisioncalled for is effected

Section 5'. nforcement of Disapproved Ordinances or esol#tions. - Anyattempt to enforce any ordinance or any resolution approving the localdevelopment plan and public investment program! after the disapproval thereof!shall be sufficient ground for the suspension or dismissal of the official or employee concerned

Section 5(. ffectivity of Ordinances or esol#tions. -

(a) ?nless otherwise stated in the ordinance or the resolution approvingthe local development plan and public investment program! the sameshall take effect after ten (57) days from the date a copy thereof isposted in a bulletin board at the entrance of the provincial capitol or city!municipal! or barangay hall! as the case may be! and in at least two (6)other conspicuous places in the local government unit concerned

(b) The secretary to the sanggunian concerned shall cause the posting

of an ordinance or resolution in the bulletin board at the entrance of theprovincial capitol and the city! municipal! or barangay hall in at least two(6) conspicuous places in the local government unit concerned not later than five (=) days after approval thereof

The te't of the ordinance or resolution shall be disseminated andposted in .ilipino or +nglish and in the language understood by themajority of the people in the local government unit concerned! and thesecretary to the sanggunian shall record such fact in a book kept for thepurpose! stating the dates of approval and posting

(c) The gist of all ordinances with penal sanctions shall be published ina newspaper of general circulation within the province where the locallegislative body concerned belongs In the absence of any newspaper of general circulation within the province! posting of such ordinancesshall be made in all municipalities and cities of the province where thesanggunian of origin is situated

(d) In the case of highly urbani"ed and independent component cities!the main features of the ordinance or resolution duly enacted or

adopted shall! in addition to being posted! be published once in a localnewspaper of general circulation within the city% rovided! That in theabsence thereof the ordinance or resolution shall be published in anynewspaper of general circulation

CHAPTER I/9isci-linar: Actions

Section %). Gro#nds for Disciplinary !ctions. - An elective local official may bedisciplined! suspended! or removed f rom office on any of the following grounds%

(a) isloyalty to the ,epublic of the hilippines&

(b) *ulpable violation of the *onstitution&

(c) ishonesty! oppression! misconduct in office! gross negligence! or dereliction of duty&

(d) *ommission of any offense involving moral turpitude or an offensepunishable by at least prision mayor&

(e) Abuse of authority&

(f) ?nauthori"ed absence for fifteen (5=) consecutive working days!e'cept in the case of members of the sangguniang panlalawigan!sangguniang panlungsod! sangguniang bayan! and sangguniangbarangay&

(g) Application for! or ac#uisition of! foreign citi"enship or residence or the status of an immigrant of another country& and

(h) Such other grounds as may be provided in this *ode and other laws

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An elective local official may be removed from office on the groundsenumerated above by order of the proper court

Section %1. +orm and +ilin' of !dministrative Complaints. - A verified complaintagainst any erring local elective official shall be prepared as follows%

(a) A complaint against any elective official of a province! a highlyurbani"ed city! an independent component city or component city shallbe filed before the /ffice of the resident&

(b) A complaint against any elective official of a municipality shall befiled before the sangguniang panlalawigan whose decision may beappealed to the /ffice of the resident& and

(c) A complaint against any elective barangay official shall be filedbefore the sangguniang panlungsod or sangguniang bayan concernedwhose decision shall be final and e'ecutory

Section %2. ,otice of hearin'. -

(a) 8ithin seven (4) days after the administrative complaint is filed! the/ffice of the resident or the sanggunian concerned! as the case maybe! shall re#uire the respondent to submit his verified answer withinfifteen (5=) days from receipt thereof! and commence the investigationof the case within ten (57) days after receipt of such answer of therespondent

(b) 8hen the respondent is an elective official of a province or highlyurbani"ed city! such hearing and investigation shall be conducted in theplace where he renders or holds office .or all other local electiveofficials! the venue shall be the place where the sanggunian concernedis located

(c) ;owever! no investigation shall be held within ninety (B7) daysimmediately prior to any local election! and no preventive suspensionshall be imposed within the said period If preventive suspension hasbeen imposed prior to the B7-day period immediately preceding localelection! it shall be deemed automatically lifted upon the start of aforesaid period

Section %3. Preventive #spension. -

(a) reventive suspension may be imposed%

(5) 2y the resident! if the respondent is an elective official of aprovince! a highly urbani"ed or an independent component city&

(6) 2y the governor! if the respondent is an elective official of acomponent city or municipality& or

(:) 2y the mayor! if the respondent is an elective official of thebarangay

(b) reventive suspension may be imposed at any time after the issuesare joined! when the evidence of guilt is strong! and given the gravity of the offense! there is great probability that the continuance in office of the respondent could influence the witnesses or pose a threat to thesafety and integrity of the records and other evidence% rovided! That!any single preventive suspension of local elective officials shall note'tend beyond si'ty (37) days% rovided! further! That in the event thatseveral administrative cases are filed against an elective official! hecannot be preventively suspended for more than ninety (B7) days withina single year on the same ground or grounds e'isting and known at thetime of the first suspension

(c) ?pon e'piration of the preventive suspension! the suspendedelective official shall be deemed reinstated in office without prejudice tothe continuation of the proceedings against him! which shall beterminated within one hundred twenty (567) days from the time he wasformally notified of the case against him ;owever! if the delay in theproceedings of the case is due to his fault! neglect! or re#uest! other than the appeal duly filed! the duration of such delay shall not becounted in computing the time of termination of the case

(d) Any abuse of the e'ercise of the power of preventive suspensionshall be penali"ed as abuse of authority

Section %4. alary of espondent Pendin' #spension. - The respondentofficial preventively suspended from office shall receive no salary or compensation during such suspension& but upon subse#uent e'oneration andreinstatement! he shall be paid full salary or compensation including suchemoluments accruing during such suspension

Section %5. i'hts of espondent. - The respondent shall be accorded fullopportunity to appear and defend himself in person or by counsel! to confrontand cross-e'amine the witnesses against him! and to re#uire the attendance of witnesses and the production of documentary process of subpoena or subpoena duces tecum

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Section %%. +orm and ,otice of Decision. -

(a) The investigation of the case shall be terminated within ninety (B7)days from the start thereof 8ithin thirty (:7) days after the end of theinvestigation! the /ffice of the resident or the sanggunian concernedshall render a decision in writing stating clearly and distinctly the factsand the reasons for such decision *opies of said decision shallimmediately be furnished the respondent and all interested parties

(b) The penalty of suspension shall not e'ceed the une'pired term of the respondent or a period of si' (3) months for every administrativeoffense! nor shall said penalty be a bar to the candidacy of therespondent so suspended as long as he meets the #ualificationsre#uired for the office

(c) The penalty of removal from office as a result of an administrativeinvestigation shall be considered a bar to the candidacy of therespondent for any elective position

Section %&. !dministrative !ppeals. - ecisions in administrative cases may!within thirty (:7) days from receipt thereof! be appealed to the following%

(a) The sangguniang panlalawigan! in the case of decisions of thesangguniang panlungsod of component cities and the sangguniangbayan& and

(b) The /ffice of the resident! in the case of decisions of thesangguniang panlalawigan and the sangguniang panlungsod of highlyurbani"ed cities and independent component cities

ecisions of the /ffice of the resident shall be final and e'ecutory

Section %'. /ec#tion Pendin' !ppeal. - An appeal shall not prevent a decisionfrom becoming final or e'ecutory The respondent shall be considered as havingbeen placed under preventive suspension during the pendency of an appeal inthe event he wins such appeal In the event the appeal results in ane'oneration! he shall be paid his salary and such other emoluments during thependency of the appeal

CHAPTER / Recall

Section %(. -y 0hom /ercised. - The power of recall for loss of confidenceshall be e'ercised by the registered voters of a local government unit to whichthe local elective official subject to such recall belongs

Section &). $nitiation of the ecall Process. -

(a) ,ecall may be initiated by a preparatory recall assembly or by theregistered voters of the local government unit to which the local electiveofficial subject to such recall belongs

(b) There shall be a preparatory recall assembly in every province! city!district! and municipality which shall be composed of the following%

(5) rovincial level - All mayors! vice-mayors! and sanggunianmembers of the municipalities and component cities&

(6) *ity level - All punong barangay and sanggunian barangaymembers in the city&

(:) egislative istrict level - In case where sangguniangpanlalawigan members are elected by district! all electivemunicipal officials in the district& and in cases wheresangguniang panlungsod members are elected by district! allelective barangay officials in the district& and

(<) 1unicipal level - All punong barangay and sangguniangbarangay members in the municipality

(c) A majority of all the preparatory recall assembly members mayconvene in session in a public place and initiate a recall proceedingsagainst any elective official in the local government unit concerned,ecall of provincial! city! or municipal officials shall be validly initiatedthrough a resolution adopted by a majority of all the members of thepreparatory recall assembly concerned during its session called for thepurpose

(d) ,ecall of any elective provincial! city! municipal! or barangay officialmay also be validly initiated upon petition of at least twenty-five percent(6=) of the total number of registered voters in the local governmentunit concerned during the election in which the local official sought to berecalled was elected

(5) A written petition for recall duly signed before the election registrar or his representative! and in the presence of a representative of thepetitioner and a representative of the official sought to be recalled and!and in a public place in the province! city! municipality! or barangay! asthe case may be! shall be filed with the */1++* through its office inthe local government unit concerned The */1++* or its duly

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authori"ed representative shall cause the publication of the petition ina public and conspicuous place for a period of not less than ten (57)days nor more than twenty (67) days! for the purpose of verifying theauthenticity and genuineness of the petition and the re#uiredpercentage of voters

(6) ?pon the lapse of the aforesaid period! the */1++* or its dulyauthori"ed representative shall announce the acceptance of candidates to the position and thereafter prepare the list of candidates

which shall include the name of the official sought to be recalled

Section &1. lection on ecall. - ?pon the filing of a valid resolution or petitionfor recall with the appropriate local office of the */1++*! the *ommission or its duly authori"ed representative shall set the date of the election on recall!which shall not be later than thirty (:7) days after the filing of the resolution or petition for recall in the case of the barangay! city! or municipal officials andforty-five (<=) days in the case of provincial officials The official or officialssought to be recalled shall automatically be considered as duly registeredcandidate or candidates to the pertinent positions and! like other candidates!shall be entitled to be voted upon

Section &2. ffectivity of ecall. - The recall of an elective local official shall beeffective only upon the election and proclamation of a successor in the personof the candidate receiving the highest number of votes cast during the electionon recall Should the official sought to be recalled receive the highest number of votes! confidence in him is thereby affirmed! and he shall continue in office

Section &3. Prohi(ition from esi'nation. - The elective local official sought tobe recalled shall not be allowed to resign while the recall process is in progress

Section &4. Limitations on ecall. -

(a) Any elective local official may be the subject of a recall election onlyonce during his term of office for loss of confidence

(b) 0o recall shall take place within one (5) year from the date of theofficial$s assumption to office or one (5) year immediately preceding aregular local election

Section &5. /penses $ncident to ecall lections. - All e'penses incident torecall elections shall be borne by the */1++* .or this purpose! there shallbe included in the annual >eneral Appropriations Act a contingency fund at thedisposal of the */1++* for the conduct of recall elections

TIT!E III.H$;A+ RES$RCES A+9 9E/E!P;E+T

Section &%. Or'anizational tr#ct#re and taffin' Pattern. - +very localgovernment unit shall design and implement its own organi"ational structureand staffing pattern taking into consideration its service re#uirements andfinancial capability! subject to the minimum standards and guidelines prescribedby the *ivil Service *ommission

Section &&. esponsi(ility for #man eso#rces and Development. - The chief e'ecutive of every local government unit shall be responsible for humanresources and development in his unit and shall take all personnel actions inaccordance with the *onstitutional provisions on civil service! pertinent laws!and rules and regulations thereon! including such policies! guidelines andstandards as the *ivil Service *ommission may establish% rovided! That thelocal chief e'ecutive may employ emergency or casual employees or laborerspaid on a daily wage or piecework basis and hired through job orders for localprojects authori"ed by the sanggunian concerned! without need of approval or attestation by the *ivil Service *ommission% rovided! further! That the period of employment of emergency or casual laborers as provided in this Section shallnot e'ceed si' (3) months

The Eoint *ommission on ocal >overnment ersonnel Administrationorgani"ed pursuant to residential ecree 0umbered +leven ;undred thirty-si'( 0o 55:3) is hereby abolished and its personnel! records! e#uipment andother assets transferred to the appropriate office in the *ivil Service*ommission

Section &'. Civil ervice Law* #les and e'#lations* and Other elated $ss#ances. - All matters pertinent to human resources and development in localgovernment units shall be governed by the civil service law and such rules andregulations and other issuances promulgated pursuant thereto! unlessotherwise specified in this *ode

Section &(. Limitation to !ppointments. - 0o person shall be appointed in thecareer service of the local government if he is related within the fourth civildegree of consanguinity or affinity to the appointing or recommending authority

Section '). P#(lic ,otice of 7acancy: Personnel election -oard. -

(a) 8henever a local e'ecutive decides to fill a vacant career position!there shall be posted notices of the vacancy in at least three (:)conspicuous public places in the local government unit concerned for aperiod of not less than fifteen (5=) days

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(b) There shall be established in every province! city or municipality apersonnel selection board to assist the local chief e'ecutive in the

judicious and objective selection or personnel for employment as wellas for promotion! and in the formulation of such policies as wouldcontribute to employee welfare

(c) The personnel selection board shall be headed by the local chief e'ecutive! and its members shall be determined by resolution of thesanggunian concerned A representative of the *ivil Service

*ommission! if any! and the personnel officer of the local governmentunit concerned shall be e' officio members of the board

Section '1. Compensation of Local Officials and mployees. - Thecompensation of local officials and personnel shall be determined by thesanggunian concerned% rovided! That the increase in compensation of electivelocal officials shall take effect only after the terms of office of those approvingsuch increase shall have e'pired% rovided! further! That the increase incompensation of the appointive officials and employees shall take effect asprovided in the ordinance authori"ing such increase% rovided! however! Thatsaid increases shall not e'ceed the limitations on budgetary allocations for personal services provided under Title .ive! 2ook II of this *ode% rovided!

finally! That such compensation may be based upon the pertinent provisions of ,epublic Act 0umbered Si'ty-seven fifty-eight (,A 0o 34=C)! otherwise knownas the @*ompensation and osition *lassification Act of 5BCB@

The punong barangay! the sangguniang barangay member! the sangguniangkabataan chairman! the barangay treasurer! and the barangay secretary shallbe entitled to such compensation! allowances! emoluments! and such other privileges as provided under Title /ne 2ook III of this *ode

+lective local officials shall be entitled to the same leave privileges as thoseenjoyed by appointive local officials! including the cumulation and commutationthereof

Section '2. esi'nation of lective Local Officials. -

(a) ,esignations by elective local officials shall be deemed effectiveonly upon acceptance by the following authorities%

(5) The resident! in the case of governors! vice-governors! andmayors and vice-mayors of highly urbani"ed cities andindependent component cities&

(6) The governor! in the case of municipal mayors! municipalvice-mayors! city mayors and city vice-mayors of componentcities&

(:) The sanggunian concerned! in the case of sanggunianmembers& and

(<) The city or municipal mayor! in the case of barangayofficials

(b) *opies of the resignation letters of elective local officials! together with the action taken by the aforesaid authorities! shall be furnished theepartment of the Interior and ocal >overnment

(c) The resignation shall be deemed accepted if not acted upon by theauthority concerned within fifteen (5=) days from receipt thereof

(d) Irrevocable resignations by sanggunian members shall be deemedaccepted upon presentation before an open session of the sanggunianconcerned and duly entered in its records% rovided! however! That this

subsection does not apply to sanggunian members who are subject torecall elections or to cases where e'isting laws prescribed the manner of acting upon such resignations

Section '3. Grievance Proced#re. - In every local government unit! the localchief e'ecutive shall establish a procedure to in#uire into! act upon! resolve or settle complaints and grievances presented by local government employees

Section '4. !dministrative Discipline. - Investigation and adjudication of administrative complaints against appointive local officials and employees aswell as their suspension and removal shall be in accordance with the civilservice law and rules and other pertinent laws The results of such

administrative investigations shall be reported to the *ivil Service *ommission

Section '5. Preventive #spension of !ppointive Local Officials and mployees. -

(a) The local chief e'ecutives may preventively suspend for a period note'ceeding si'ty (37) days and subordinate official or employee under his authority pending investigation if the charge against such official or employee involves dishonesty! oppression or grave misconduct or neglect in the performance of duty! or if there is reason to believe thatthe respondent is guilty of the charges which would warrant his removalfrom the service

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(b) ?pon e'piration of the preventive suspension! the suspended officialor employee shall be automatically reinstated in office without prejudiceto the continuation of the administrative proceedings against him untilits termination If the delay in the proceedings of the case is due to thefault! neglect or re#uest of the respondent! the time of the delay shallnot be counted in computing the period of suspension herein provided

Section '%. !dministrative $nvesti'ation. - In any local government unit!administrative investigation may be conducted by a person or a committee duly

authori"ed by the local chief e'ecutive Said person or committee shall conducthearings on the cases brought against appointive local officials and employeesand submit their findings and recommendations to the local chief e'ecutiveconcerned within fifteen (5=) days from the conclusion of the hearings Theadministrative cases herein mentioned shall be decided within ninety (B7) daysfrom the time the respondent is formally notified of the charges

Section '&. Disciplinary ;#risdiction. - +'cept as otherwise provided by law! thelocal chief e'ecutive may impose the penalty of removal from service! demotionin rank! suspension for not more than one (5) year without pay! fine in anamount not e'ceeding si' (3) months salary! or reprimand and otherwisediscipline subordinate officials and employees under his jurisdiction If the

penalty imposed is suspension without pay for not more than thirty (:7) days!his decision shall be final If the penalty imposed is heavier than suspension of thirty (:7) days! the decision shall be appealable to the *ivil Service*ommission! which shall decide the appeal within thirty (:7) days from receiptthereof

Section ''. /ec#tion Pendin' !ppeal. - An appeal shall not prevent thee'ecution of a decision of removal or suspension of a respondent-appellant Incase the respondent-appellant is e'onerated! he shall be reinstated to hisposition with all the rights and privileges appurtenant thereto from the time hehad been deprived thereof

Section '(. Prohi(ited -#siness and Pec#niary $nterest. -

(a) It shall be unlawful for any local government official or employee!directly or indirectly! to%

(5) +ngage in any business transaction with the localgovernment unit in which he is an official or employee or over which he has the power of supervision! or with any of itsauthori"ed boards! officials! agents! or attorneys! wherebymoney is to be paid! or property or any other thing of value is tobe transferred! directly or indirectly! out of the resources of the

local government unit to such person or firm&

(6) ;old such interests in any cockpit or other games licensedby a local government unit&

(:) urchase any real estate or other property forfeited in favor of such local government unit for unpaid ta'es or assessment!or by virtue of a legal process at the instance of the said localgovernment unit&

(<) 2e a surety for any person contracting or doing business

with the local government unit for which a surety is re#uired&and

(=) ossess or use any public property of the local governmentunit for private purposes

(b) All other prohibitions governing the conduct of national publicofficers relating to prohibited business and pecuniary interest soprovided for under ,epublic Act 0umbered Si'ty-seven thirteen (,A0o 345:) otherwise known as the @*ode of *onduct and +thicalStandards for ublic /fficials and +mployees@ and other laws shall alsobe applicable to local government officials and employees

Section (). Practice of Profession. -

(a) All governors! city and municipal mayors are prohibited frompracticing their profession or engaging in any occupation other than thee'ercise of their functions as local chief e'ecutives

(b) Sanggunian members may practice their professions! engage in anyoccupation! or teach in schools e'cept during session hours% rovided!That sanggunian members who are also members of the 2ar shall not%

(5) Appear as counsel before any court in any civil case wherein alocal government unit or any office! agency! or instrumentality of thegovernment is the adverse party&

(6) Appear as counsel in any criminal case wherein an officer or employee of the national or local government is accused of an offensecommitted in relation to his office

(:) *ollect any fee for their appearance in administrative proceedingsinvolving the local government unit of which he is an official& and

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(<) ?se property and personnel of the government e'cept when thesanggunian member concerned is defending the interest of thegovernment

(c) octors of medicine may practice their profession even duringofficial hours of work only on occasions of emergency% rovided! Thatthe officials concerned do not derive monetary compensation therefrom

Section (1. tatement of !ssets and Lia(ilities. - (a) /fficials and employees of

local government units shall file sworn statements of assets! liabilities and networth! lists of relatives within the fourth civil degree of consanguinity or affinity ingovernment service! financial and business interests! and personnel datasheets as re#uired by law

Section (2. Oath of Office. - (a) All elective and appointive local officials andemployees shall! upon assumption to office! subscribe to an oath or affirmationof office in the prescribed form The oath or affirmation of office shall be filedwith the office of the local chief e'ecutive concerned A copy of the oath or affirmation of office of all elective and appointive local officials and employeesshall be preserved in the individual personal records file under the custody of the personnel office! division! or section of the local government unit concerned

Section (3. Partisan Political !ctivity. - 0o local official or employee in thecareer civil service shall engage directly or indirectly in any partisan politicalactivity or take part in any election! initiative! referendum! plebiscite! or recall!e'cept to vote! nor shall he use his official authority or influence to cause theperformance of any political activity by any person or body ;e may! however!e'press his views on current issues! or mention the names of certain candidatesfor public office whom he supports +lective local officials may take part inpartisan political and electoral activities! but it shall be unlawful for them tosolicit contributions from their subordinates or subject these subordinates to anyof the prohibited acts under the /mnibus +lection *ode

Section (4. !ppointment of lective and !ppointive Local Officials: Candidates0ho Lost in an lection. - (a) 0o elective or appointive local official shall beeligible for appointment or designation in any capacity to any public office or position during his tenure

?nless otherwise allowed by law or by the primary functions of his position! noelective or appointive local official shall hold any other office or employment inthe government or any subdivision! agency or instrumentality thereof! includinggovernment-owned or controlled corporations or their subsidiaries

Section (5. !dditional or Do#(le Compensation. - 0o elective or appointivelocal official or employee shall receive additional! double! or indirectcompensation! unless specifically authori"ed by law! nor accept without theconsent of *ongress! any present! emoluments! office! or title of any kind fromany foreign government ensions or gratuities shall not be considered asadditional! double! or indirect compensation

Section (%. Permission to Leave tation. -

(a) rovincial! city! municipal! and barangay appointive officials going onofficial travel shall apply and secure written permission from their respective local chief e'ecutives before departure The application shallspecify the reasons for such travel! and the permission shall be given or withheld based on considerations of public interest! financial capabilityof the local government unit concerned and urgency of the travel

Should the local chief e'ecutive concerned fall to act upon suchapplication within four (<) working days from receipt thereof! it shall bedeemed approved

(b) 1ayors of component cities and municipalities shall secure thepermission of the governor concerned for any travel outside theprovince

(c) ocal government officials traveling abroad shall notify their respective sanggunian% rovided! That when the period of travele'tends to more than three (:) months! during periods of emergency or crisis or when the travel involves the use of public funds! permissionfrom the /ffice of the resident shall be secured

(d) .ield officers of national agencies or offices assigned in provinces!cities! and municipalities shall not leave their official stations without

giving prior written notice to the local chief e'ecutive concerned Suchnotice shall state the duration of travel and the name of the officer whom he shall designate to act for and in his behalf during his absence

Section (&. !nn#al eport. - /n or before 1arch :5 of each year! every localchief e'ecutive shall submit an annual report to the sanggunian concerned onthe socio-economic! political and peace and order conditions! and other mattersconcerning the local government unit! which shall cover the immediatelypreceding calendar year A copy of the report shall be forwarded to theepartment of the Interior and ocal >overnment *omponent cities andmunicipalities shall likewise provide the sangguniang panlalawigan copies of their respective annual reports

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TIT!E I/!CA! SCH! 6AR9S

Section ('. Creation* Composition* and Compensation. -

(a) There shall be established in every province! city! or municipality aprovincial! city! or municipal school board! respectively

(b) The composition of local school boards shall be as follows%

(5) The provincial school board shall be composed of the governor and thedivision superintendent of schools as co-chairman& the chairman of theeducation committee of the sangguniang panlalawigan! the provincialtreasurer! the representative of the @pederasyon ng mga sangguniangkabataan@ in the sangguniang panlalawigan! the duly elected presidentof the provincial federation of parents-teachers associations! the dulyelected representative of the teachers$ organi"ations in the province!and the duly elected representative of the non-academic personnel of public schools in the province! as members&

(6) The city school board shall be composed of the city mayor and the citysuperintendent of schools as co-chairmen& the chairman of theeducation committee of the sangguniang panlungsod! the city treasurer!the representative of the @pederasyon ng mga sangguniang kabataan@in the sangguniang panlungsod! the duly elected president of the cityfederation of parents- teachers associations! the duly electedrepresentative of the teachers$ organi"ations in the city! and the dulyelected representative of the non-academic personnel of public schoolsin the city! as members& and

(:) The municipal school board shall be composed of the municipal mayor and the district supervisor of schools as co-chairmen& the chairman of

the education committee of the sangguniang bayan! the municipaltreasurer! the representative of the @pederasyon ng mga sangguniangkabataan@ in the sangguniang bayan! the duly elected president of themunicipal federation of parent-teacher associations! the duly electedrepresentative of the teachers$ organi"ations in the municipality! and theduly elected representative of the non-academic personnel of publicschools in the municipality! as members

(c) In the event that a province or city has two (6) or more schoolsuperintendents! and in the event that a municipality has two (6) or more district supervisors! the co-chairman of the local school boardshall be determined as follows%

(5) The epartment of +ducation! *ulture and Sports shall designate the co-chairman for the provincial and city school boards& and

(6) The division superintendent of schools shall designate the districtsupervisor who shall serve as co-chairman of the municipal schoolboard

(d) The performance of the duties and responsibilities of theabovementioned officials in their respective local school boards shall

not be delegated

Section ((. +#nctions of Local chool -oards. - The provincial! city or municipal school board shall%

(a) etermine! in accordance with the criteria set by the epartment of +ducation! *ulture and Sports! the annual supplementary budgetaryneeds for the operation and maintenance of public schools within theprovince! city! or municipality! as the case may be! and thesupplementary local cost of meeting such as needs! which shall bereflected in the form of an annual school board budget corresponding toits share of the proceeds of the special levy on real property constitutingthe Special +ducation .und and such other sources of revenue as this*ode and other laws or ordinances may provide&

(b) Authori"e the provincial! city or municipal treasurer! as the case maybe! to disburse funds from the Special +ducation .und pursuant to thebudget prepared and in accordance with e'isting rules and regulations&

(c) Serve as an advisory committee to the sanggunian concerned oneducational matters such as! but not limited to! the necessity for and theuses of local appropriations for educational purposes& and

(d) ,ecommend changes in the names of public schools within theterritorial jurisdiction of the local government unit for enactment by thesanggunian concerned

The epartment of +ducation! *ulture and Sports shall consult the local schoolboard on the appointment of division superintendents! district supervisors!school principals! and other school officials

Section 1)). &eetin's and #or#m: -#d'et. -

(a) The local school board shall meet at least once a month or as oftenas may be necessary

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(b) Any of the co-chairmen may call a meeting A majority of all itsmembers shall constitute a #uorum ;owever! when both co-chairmenare present in a meeting! the local chief e'ecutive concerned! as amatter of protocol! shall be given preference to preside over themeeting The division superintendent! city superintendent or districtsupervisor! as the case may be! shall prepare the budget of the schoolboard concerned Such budget shall be supported by programs!projects! and activities of the school board for the ensuing fiscal yearThe affirmative vote of the majority of all the members shall be

necessary to approve the budget

(c) The annual school board budget shall give priority to the following%

(5) *onstruction! repair! and maintenance of school buildingsand other facilities of public elementary and secondary schools&

(6) +stablishment and maintenance of e'tension classes wherenecessary& and

(:) Sports activities at the division! district! municipal! andbarangay levels

Section 1)1. Compensation and em#neration. - The co-chairmen andmembers of the provincial! city or municipal school board shall perform their duties as such without compensation or remuneration 1embers thereof whoare not government officials or employees shall be entitled to necessarytraveling e'penses and allowances chargeable against the funds of the localschool board concerned! subject to e'isting accounting and auditing rules andregulations

TIT!E /!CA! HEA!TH 6AR9S

Section 1)2. Creation and Composition. -

(a) There shall be established a local health board in every province! city! or municipality The composition of the local health boards shall be as follows%

(5) The provincial health board shall be headed by the governor aschairman! the provincial health officer as vice-chairman! and thechairman of the committee on health of the sangguniang panlalawigan!a representative from the private sector or non-governmentalorgani"ations involved in health services! and a representative of theepartment of ;ealth in the province! as members&

(6) The city health board shall be headed by the city mayor aschairman! the city health officer as vice-chairman! and the chairman of the committee on health of the sangguniang panlungsod! arepresentative from the private sector or non-governmentalorgani"ations involved in health services! and a representative of theepartment of ;ealth in the city! as members& and

(:) The municipal health board shall be headed by the municipal mayor as chairman! the municipal health officer as vice-chairman! and the

chairman of the committee on health of the sangguniang bayan! arepresentative from the private sector or non-governmentalorgani"ations involved in health services! and a representative of theepartment of ;ealth in the municipality! as members

(b) The functions of the local health board shall be%

(5) To propose to the sanggunian concerned! in accordance withstandards and criteria set by the epartment of ;ealth! annualbudgetary allocations for the operation and maintenance of healthfacilities and services within the municipality! city or province! as thecase may be&

(6) To serve as an advisory committee to the sanggunian concerned onhealth matters such as! but not limited to! the necessity for! and applicationof local appropriations for public health purposes& and

(:) *onsistent with the technical and administrative standards of theepartment of ;ealth! create committees which shall advise local healthagencies on matters such as! but not limited to! personnel selection andpromotion! bids and awards! grievance and complaints! personneldiscipline! budget review! operations review and similar functions

Section 1)3. &eetin's and #or#m. -

(a) The board shall meet at least once a month or as may be necessary

(b) A majority of the members of the board shall constitute a #uorum! but thechairman or the vice- chairman must be present during meetings wherebudgetary proposals are being prepared or considered The affirmative voteof all the majority of the members shall be necessary to approve suchproposals

Section 1)4. Compensation and em#neration. - The chairman! vice-chairman!and members of the provincial! city or municipal health board shall perform their

26



duties as such without compensation or remuneration 1embers thereof whoare not government officials or employees shall be entitled to necessarytraveling e'penses and allowances chargeable against the funds of the localhealth board concerned! subject to e'isting accounting and auditing rules andregulations

Section 1)5. Direct ,ational #pervision and Control (y the ecretary of ealth. - In cases of epidemics! pestilence! and other widespread public healthdangers! the Secretary of ;ealth may! upon the direction of the resident and in

consultation with the local government unit concerned! temporarily assumedirect supervision and control over health operations in any local governmentunit for the duration of the emergency! but in no case e'ceeding a cumulativeperiod of si' (3) months 8ith the concurrence of the government unitconcerned! the period for such direct national control and supervision may befurther e'tended

TIT!E /I!CA! 9E/E!P;E+T C$+CI!S

Section 1)%. Local Development Co#ncils. - (a) +ach local government unitshall have a comprehensive multi-sectoral development plan to be initiated by

its development council and approved by its sanggunian .or this purpose! thedevelopment council at the provincial! city! municipal! or barangay level! shallassist the corresponding sanggunian in setting the direction of economic andsocial development! and coordinating development efforts within its territorial

jurisdiction

Section 1)&. Composition of Local Development Co#ncils. - The composition of the local development council shall be as follows%

(5) 1embers of the sangguniang barangay&

(6) ,epresentatives of non-governmental organi"ations operating in thebarangay who shall constitute not less than one fourth (G) of themembers of the fully organi"ed council&

(:) A representative of the congressman

(b) The city or municipal development council shall be headed by the mayor andshall be composed of the following members%

(5) All punong barangays in the city or municipality&

(6) The chairman of the committee on appropriations of the sangguniangpanlungsod or sangguniang bayan concerned&

(:) The congressman or his representative& and

(<) ,epresentatives of non-governmental organi"ations operating in the cityor municipality! as the case may be! who shall constitute not lessthan one-fourth (G) of the members of the fully organi"ed council

(c) The provincial development council shall be headed by the governor andshall be composed of the following members%

(5) All mayors of component cities and municipalities&

(6) The chairman of the committee on appropriations of thesangguniang panlalawigan&

(:) The congressman or his representative& and

(<) ,epresentatives of non-governmental organi"ations operating in the

province! who shall constitute not less than one-fourth (G) of the members of the fully organi"ed council

(d) The local development councils may call upon any local officialconcerned or any official of national agencies or offices in the localgovernment unit to assist in the formulation of their respectivedevelopment plans and public investment programs

Section 1)'. epresentation of ,on4'overnmental Or'anizations. - 8ithin aperiod of si'ty (37) days from the start of organi"ation of local developmentcouncils! the non-governmental organi"ations shall choose from amongthemselves their representatives to said councils The local sanggunian

concerned shall accredit non-governmental organi"ations subject to suchcriteria as may be provided by law

Section 1)(. +#nctions of Local Development Co#ncils. -

(a) The provincial! city! and municipal development councils shall e'ercise thefollowing functions%

(5) .ormulate long-term! medium-term! and annual socio-economicdevelopment plans and policies&

27



(6) .ormulate the medium-term and annual public investment programs&

(:) Appraise and prioriti"e socio-economic development programs andprojects&

(<) .ormulate local investment incentives to promote the inflow anddirection of private investment capital&

(=) *oordinate! monitor! and evaluate the implementation of development

programs and projects& and

(3) erform such other functions as may be provided by law or componentauthority

(b) The barangay development council shall e'ercise the following functions%

(5) 1obili"e people$s participation in local development efforts&

(6) repare barangay development plans based on local re#uirements&

(:) 1onitor and evaluate the implementation of national or local programsand projects& and

(<) erform such other functions as may be provided by law or competentauthority

Section 11). &eetin's and #or#m. - The local development council shall meetat least once every si' (3) months or as often as may be necessary

Section 111. /ec#tive Committee. - The local development council shall createan e'ecutive committee to represent it and act in its behalf when it is not in

session The composition of the e'ecutive committee shall be as follows%

(5) The e'ecutive committee of the provincial development council shall becomposed of the governor as chairman! the representative of componentcity and municipal mayors to be chosen from among themselves! thechairman of the committee on appropriations of the sangguniangpanlalawigan! the president of the provincial league of barangays! and arepresentative of non-governmental organi"ations that are represented inthe council! as members&

(6) The e'ecutive committee of the city or municipal development councilshall be composed of the mayor as chairman! the chairman of the

committee on appropriations of the sangguniang panlalawigan! thepresident of the city or municipal league of barangays! and a representativeof non-governmental organi"ations that are represented in the council! asmembers& and

(:) The e'ecutive committee of the barangay development council shall becomposed of the punong barangay as chairman! a representative of thesangguniang barangay to be chosen from among its members! and arepresentative of non-governmental organi"ations that are represented in

the council! as members

(b) The e'ecutive committee shall e'ercise the following powers andfunctions%

(5) +nsure that the decision of the council are faithfully carriedout and implemented&

(6) Act on matters re#uiring immediate attention or action by thecouncil&

(:) .ormulate policies! plans! and programs based on thegeneral principles laid down by the council& and

(<) Act on other matters that may be authori"ed by the council

Section 112. ectoral or +#nctional Committees. - The local developmentcouncils may form sectoral or functional committees to assist them in theperformance of their functions

Section 113. ecretariat. - There is hereby constituted for each localdevelopment council a secretariat which shall be responsible for providingtechnical support! documentation of proceedings! preparation of reports and

such other assistance as may be re#uired in the discharge of its functions Thelocal development council may avail of the services of any non-governmentalorgani"ation or educational or research institution for this purpose

The secretariats of the provincial! city! and municipal development councils shallbe headed by their respective planning and development coordinators Thesecretariat of the barangay development council shall be headed by thebarangay secretary who shall be assisted by the city or municipal planning anddevelopment coordinator concerned

Section 114. elation of Local Development Co#ncils to the an''#nian and the e'ional Development Co#ncil. -

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(a) The policies! programs! and projects proposed by local developmentcouncils shall be submitted to the sanggunian concerned for appropriate action

(b) The approved development plans of provinces! highly-urbani"edcities! and independent component cities shall be submitted to theregional development council! which shall be integrated into theregional development plan for submission to the 0ational +conomic andevelopment Authority! in accordance with e'isting laws

Section 115. -#d'et $nformation. - The epartment of 2udget and1anagement shall furnish the various local development councils information onfinancial resources and budgetary allocations applicable to their respective

jurisdictions to guide them in their planning functions

TIT!E /II!CA! PEACE A+9 R9ER C$+CI!

Section 11%. Or'anization. - There is hereby established in every province! cityand municipality a local peace and order council! pursuant to +'ecutive /rder 0umbered Three hundred nine (+/ 0o :7B)! as amended! Series of 5BCC

The local peace and order councils shall have the same composition andfunctions as those prescribed by said e'ecutive order

TIT!E /IIIA$T+;$S SPECIA! EC+;IC <+ES

Section 11&. sta(lishment of !#tonomo#s pecial conomic <ones. - Theestablishment by law of autonomous special economic "ones in selected areasof the country shall be subject to concurrence by the local government unitsincluded therein

TIT!E I=THER PR/ISI+S APP!ICA6!E T !CA! G/ER+;E+T $+ITS

*;AT+, ISettlement of 2oundary isputes

Section 11'. ;#risdictional esponsi(ility for ettlement of -o#ndary Disp#te. -2oundary disputes between and among local government units shall! as muchas possible! be settled amicably To this end%

(a) 2oundary disputes involving two (6) or more barangays in the same cityor municipality shall be referred for settlement to the sangguniangpanlungsod or sangguniang bayan concerned

(b) 2oundary disputes involving two (6) or more municipalities within thesame province shall be referred for settlement to the sangguniangpanlalawigan concerned

(c) 2oundary disputes involving municipalities or component cities of

different provinces shall be jointly referred for settlement to thesanggunians of the province concerned

(d) 2oundary disputes involving a component city or municipality on theone hand and a highly urbani"ed city on the other! or two (6) or more highlyurbani"ed cities! shall be jointly referred for settlement to the respectivesanggunians of the parties

(e) In the event the sanggunian fails to effect an amicable settlement withinsi'ty (37) days from the date the dispute was referred thereto! it shall issuea certification to that effect Thereafter! the dispute shall be formally tried bythe sanggunian concerned which shall decide the issue within si'ty (37)

days from the date of the certification referred to above

Section 11(. !ppeal. - 8ithin the time and manner prescribed by the ,ules of *ourt! any party may elevate the decision of the sanggunian concerned to theproper ,egional Trial *ourt having jurisdiction over the area in dispute The,egional Trial *ourt shall decide the appeal within one (5) year from the filingthereof ending final resolution of the disputed area prior to the dispute shall bemaintained and continued for all legal purposes

CHAPTER II!ocal Initiati"e and Reerendu#

Section 12). Local $nitiative Defined. - ocal initiative is the legal processwhereby the registered voters of a local government unit may directly propose!enact! or amend any ordinance

Section 121. 0ho &ay /ercise. - The power of local initiative and referendummay be e'ercised by all registered voters of the provinces! cities! municipalities!and barangays

Section 122. Proced#re in Local $nitiative. -

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(a) 0ot less than one thousand (5!777) registered voters in case of provincesand cities! one hundred (577) in case of municipalities! and fifty (=7) in caseof barangays! may file a petition with the sanggunian concerned proposingthe adoption! enactment! repeal! or amendment of an ordinance

(b) If no favorable action thereon is taken by the sanggunian concernedwithin thirty (:7) days from its presentation! the proponents! through their duly authori"ed and registered representatives! may invoke their power of initiative! giving notice thereof to the sanggunian concerned

(c) The proposition shall be numbered serially starting from ,oman numeralI The */1++* or its designated representative shall e'tend assistance inthe formulation of the proposition

(d) Two (6) or more propositions may be submitted in an initiative

(e) roponents shall have ninety (B7) days in case of provinces and cities!si'ty (37) days in case of municipalities! and thirty (:7) days in case of barangays! from notice mentioned in subsection (b) hereof to collect there#uired number of signatures (f) The petition shall be signed before theelection registrar or his designated representatives! in the presence of a

representative of the proponent! and a representative of the sanggunianconcerned in a public place in the local government unit! as the case maybe Stations for collecting signatures may be established in as many placesas may be warranted

(g) ?pon the lapse of the period herein provided! the */1++*! through itsoffice in the local government unit concerned! shall certify as to whether or not the re#uired number of signatures has been obtained .ailure to obtainthe re#uired number defeats the proposition

(h) If the re#uired number of signatures is obtained! the */1++* shall

then set a date for the initiative during which the proposition shall besubmitted to the registered voters in the local government unit concerned for their approval within si'ty (37) days from the date of certification by the*/1++*! as provided in subsection (g) hereof! in case of provinces andcities! forty-five (<=) days in case of municipalities! and thirty (:7) days incase of barangays The initiative shall then be held on the date set! after which the results thereof shall be certified and proclaimed by the */1++*

Section 123. ffectivity of Local Propositions. - If the proposition is approved bya majority of the votes cast! it shall take effect fifteen (5=) days after certificationby the */1++* as if affirmative action thereon had been made by the

sanggunian and local chief e'ecutive concerned If it fails to obtain said number of votes! the proposition is considered defeated

Section 124. Limitations on Local $nitiative. -

(a) The power of local initiative shall not be e'ercised more than once a year

(b) Initiative shall e'tend only to subjects or matters which are within thelegal powers of the sanggunian to enact

(c) If at any time before the initiative is held! the sanggunian concernedadopts in toto the proposition presented and the local chief e'ecutiveapproves the same! the initiative shall be cancelled ;owever! those againstsuch action may! if they so desire! apply for initiative in the manner hereinprovided

Section 125. Limitations #pon an''#nians. - Any proposition or ordinanceapproved through the system of initiative and referendum as herein providedshall not be repealed! modified or amended by the sanggunian concerned withinsi' (3) months from the date of the approval thereof! and may be amended!modified or repealed by the sanggunian within three (:) years thereafter by avote of three-fourths (:9<) of all its members% rovided! That in case of barangays! the period shall be eighteen (5C) months after the approval thereof

Section 12%. Local eferend#m Defined. - ocal referendum is the legalprocess whereby the registered voters of the local government units mayapprove! amend or reject any ordinance enacted by the sanggunian

The local referendum shall be held under the control and direction of the*/1++* within si'ty (37) days in case of provinces and cities! forty-five (<=)days in case of municipalities and thirty (:7) days in case of barangays

The */1++* shall certify and proclaim the results of the said referendum

Section 12&. !#thority of Co#rts. - 0othing in this *hapter shall prevent or preclude the proper courts from declaring null and void any propositionapproved pursuant to this *hapter for violation of the *onstitution or want of capacity of the sanggunian concerned to enact the said measure

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Local Government Code Book 1

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