THE LOCAL GOVERNMENT CODE OF THE PHILIPPINES
BOOK I
GENERAL PROVISIONS
TITLE ONE. -
BASIC PRINCIPLES
CHAPTER 1. - THE CODE,
POLICY AND APPLICATION
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 political subdivisions of the State shall enjoy genuine and
meaningful local autonomy to enable them to attain their fullest development as
self-reliant communities and make them more effective partners in the
attainment of national goals. Toward this end, the State shall provide for a
more responsive and accountable local government structure instituted through a
system of decentralization whereby local government units shall be given more
powers, authority, responsibilities, and resources. The process of
decentralization shall proceed from the national government to the local
government units.
(b) It is also the policy of the
State to ensure the accountability of local government units through the
institution of effective mechanisms of recall, initiative and referendum.
(c) It is likewise the policy of
the State to require all national agencies and offices to conduct periodic
consultations with appropriate local government units, non-governmental and
people's organizations, and other concerned sectors of the community before any
project or program is implemented in their respective jurisdictions.
SECTION 3. Operative
Principles of Decentralization. - The formulation and implementation of
policies and measures on local autonomy shall be guided by the following
operative principles:
(a) There shall be an effective
allocation among the different local government units of their respective
powers, functions, responsibilities, and resources;
(b) There shall be established in
every local government unit an accountable, efficient, and dynamic
organizational structure and operating mechanism that will meet the priority
needs and service requirements of its communities;
(c) Subject to civil service law,
rules and regulations, local officials and employees paid wholly or mainly from
local funds shall be appointed or removed, according to merit and fitness, by
the appropriate appointing authority;
(d) The vesting of duty,
responsibility, and accountability in local government units shall be
accompanied with provision for reasonably adequate resources to discharge their
powers and effectively carry out their functions; hence, they shall have the
power to create and broaden their own sources of revenue and the right to a
just share in national taxes and an equitable share in the proceeds of the
utilization and development of the national wealth within their respective
areas;
(e) Provinces with respect to
component cities and municipalities, and cities and municipalities with respect
to component Barangays, shall ensure that the acts of their component units are
within the scope of their prescribed powers and functions:
(f) Local government units may
group themselves, consolidate or coordinate their efforts, services, and
resources for purposes commonly beneficial to them;
(g) The capabilities of local
government units, especially the municipalities and Barangays, shall been
enhanced by providing them with opportunities to participate actively in the
implementation of national programs and projects;
(h) There shall be a continuing
mechanism to enhance local autonomy not only by legislative enabling acts but
also by administrative and organizational reforms;
(i) Local government units shall
share with the national government the responsibility in the management and
maintenance of ecological balance within their territorial jurisdiction,
subject to the provisions of this Code and national policies;
(j) Effective mechanisms for
ensuring the accountability of local government units to their respective
constituents shall be strengthened in order to upgrade continually the quality
of local leadership;
(k) The realization of local
autonomy shall be facilitated through improved coordination of national
government policies and programs and extension of adequate technical and
material assistance to less developed and deserving local government units;
(l) The participation of the
private sector in local governance, particularly in the delivery of basic
services, shall be encouraged to ensure the viability of local autonomy as an
alternative strategy for sustainable development; and
(m) The national government shall
ensure that decentralization tributes to the continuing improvement of the
performance of local government units and the quality of community life.
SECTION 4. Scope
of Application. - This Code shall apply to all provinces, cities,
municipalities, Barangays, and other political subdivisions as may be created
by law, and, to the extent herein provided, to officials, offices, or agencies
of the national government.
SECTION 5. Rules
of Interpretation. - In the interpretation of the provisions of this Code, the
following rules shall apply:
(a) Any provision on a power of a
local government unit shall be liberally interpreted in its favor, and in case
of doubt, any question thereon shall be resolved in favor of devolution of
powers and of the lower local government unit. Any fair and reasonable doubt as
to the existence of the power shall be interpreted in favor of the local
government unit concerned;
(b) In case of doubt, any tax
ordinance or revenue measure shall be construed strictly against the local
government unit enacting it, and liberally in favor of the taxpayer. Any tax
exemption, incentive or relief granted by any local government unit pursuant to
the provisions of this Code shall be construed strictly against the person
claiming it.
(c) The general welfare provisions
in this Code shall be liberally interpreted to give more powers to local
government units in accelerating economic development and upgrading the quality
of life for the people in the community;
(d) Rights and obligations
existing on the date of effectivity of this Code and arising out of contracts
or any other source of presentation involving a local government unit shall be
governed by the original terms and conditions of said contracts or the law in
force at the time such rights were vested; and
(e) In the resolution of
controversies arising under this Code where no legal provision or jurisprudence
applies, resort may be had to the customs and traditions in the place where the
controversies take place.
CHAPTER 2. - GENERAL POWERS
AND ATTRIBUTES OF LOCAL GOVERNMENT UNITS
SECTION 6. Authority
to Create Local Government Units. - A local government unit may be created,
divided, merged, abolished, or its boundaries substantially altered either by
law enacted by Congress in the case of a province, city, municipality, or any
other political subdivision, or by ordinance passed by the Sangguniang
Panlalawigan or Sangguniang Panlungsod concerned in the case of a Barangay
located within its territorial jurisdiction, subject to such limitations and
requirements prescribed in this Code.
SECTION 7. Creation
and Conversion. - As a general rule, the creation of a local government unit or
its conversion from one level to another level shall be based on verifiable
indicators of viability and projected capacity to provide services, to wit:
(a) Income - It must be
sufficient, based on acceptable standards, to provide for all essential
government facilities and services and special functions commensurate with the
size of its population, as expected of the local government unit concerned;
(b) Population -
It shall be determined as the total number of inhabitants within the
territorial jurisdiction of the local government unit concerned; and
(c) Land Area - It must be
contiguous, unless it comprises two or more islands or is separated by a local
government unit independent of the others; properly identified by metes and
bounds with technical descriptions; and sufficient to provide for such basic
services and facilities to meet the requirements of its populace. Compliance
with the foregoing indicators shall be attested to by the Department of Finance
(DOF), the National Statistics Office (NSO), and the Lands Management Bureau
(LMB) of the Department of Environment and Natural Resources (DENR).
SECTION 8. Division
and Merger. - Division and merger of existing local government units shall
comply with the same requirements herein prescribed for their creation:
Provided however, That such division shall not reduce the income, population,
or land area of the local government unit or units concerned to less than the
minimum requirements prescribed in this Code: Provided, further, That the
income classification of the original local government unit or units shall not
fall below its current income classification prior to such division.
The income classification of local
government units shall be updated within six (6) months from the effectivity of
this Code to reflect the changes in their financial position resulting from the
increased revenues as provided herein.
SECTION 9. Abolition
of Local Government Units. - A local government unit may be abolished when its
income, population, or land area has been irreversibly reduced to less than the
minimum standards prescribed for its creation under Book III of this Code, as
certified by the national agencies mentioned in SECTION 17
hereof to Congress or to the Sanggunian concerned, as the case may be.
The law or ordinance abolishing a
local government unit shall specify the province, city, municipality, or
Barangay with which the local government unit sought to be abolished will be
incorporated or merged.
SECTION 10. Plebiscite
Requirement. - No creation, division, merger, abolition, or substantial
alteration of boundaries of local government units shall take effect unless
approved by a majority of the votes cast in a plebiscite called for the purpose
in the political unit or units directly affected. Said plebiscite shall be
conducted by the Commission on Elections (Comelec) within one hundred twenty
(120) days from the date of effectivity of the law or ordinance effecting such
action, unless said law or ordinance fixes another date.
SECTION 11. Selection and
Transfer of Local Government Site, Offices and Facilities.
(a) The law or ordinance creating
or merging local government units shall specify the seat of government from
where governmental and corporate services shall be delivered. In selecting said
site, factors relating to geographical centrality, accessibility, availability
of transportation and communication facilities, drainage and sanitation,
development and economic progress, and other relevant considerations shall be
taken into account.
(b) When conditions and
developments in the local government unit concerned have significantly changed
subsequent to the establishment of the seat of government, its Sanggunian may,
after public hearing and by a vote of two-thirds (2/3) of all its members,
transfer the same to a site better suited to its needs. Provided, however, That
no such transfer shall be made outside the territorial boundaries of the local
government unit concerned.
The old site, together with the
improvements thereon, may be disposed of by sale or lease or converted to such
other use as the Sanggunian concerned may deem beneficial to the local
government unit concerned and its inhabitants.
(c) Local government offices and
facilities shall not be transferred, relocated, or converted to other uses
unless public hearings are first conducted for the purpose and the concurrence
of the majority of all the members of the Sanggunian concerned is obtained.
SECTION 12. Government
Centers. - Provinces, cities, and municipalities shall endeavor to establish a
government center where offices, agencies, or branches of the national
government, local government units, or government-owned or -controlled
corporations may, as far as practicable, be located. In designating such a
center, the local government unit concerned shall take into account the
existing facilities of national and local agencies and offices which may serve
as the government center as contemplated under this SECTION. The
national government, local government unit or government-owned or -controlled
corporation concerned shall bear the expenses for the construction of its
buildings and facilities in the government center.
SECTION 13. Naming of Local
Government Units and Public Places, Streets and Structures.
(a) The Sangguniang Panlalawigan
may, in consultation with the Philippine Historical Commission (PHC), change
the name of the following within its territorial jurisdiction:
(1) Component cities and
municipalities, upon the recommendation of the Sanggunian concerned;
(2) Provincial roads, avenues,
boulevards, thorough-fares, and bridges;
(3) Public vocational or
technical schools and other post-secondary and tertiary schools;
(4) Provincial hospitals, health centers, and other
health facilities; and
(5) Any other public place or building owned by the
provincial government.
(b) The Sanggunian of highly
urbanized cities and of component cities whose charters prohibit their voters
from voting for provincial elective officials, hereinafter referred to in this
Code as independent component cities, may, in consultation with the Philippine
Historical Commission, change the name of the following within its territorial
jurisdiction:
(1) City Barangays, upon the
recommendation of the Sangguniang Barangay concerned;
(2) City roads, avenues,
boulevards, thorough fares, and bridges;
(3) Public elementary, secondary
and vocational or technical schools, community colleges and non-chartered
colleges;
(4) City hospitals, health
centers and other health facilities; and
(5) Any other public place or
building owned by the city government.
(c) The Sanggunians of component
cities and municipalities may, in consultation with the Philippine Historical
Commission, change the name of the following within its territorial
jurisdiction:
(6) city and municipal Barangays,
upon recommendation of the Sangguniang Barangay concerned;
(7) city, municipal and Barangay
roads, avenues, boulevards, thorough fares, and bridges;
(8) city and municipal public
elementary, secondary and vocational or technical schools, post-secondary and
other tertiary schools;
(9) city and municipal hospitals,
health centers and other health facilities; and
(10) any other public place or
building owned by the municipal government.
(d) None of the foregoing local
government units, institutions, places, or buildings shall be named after a
living person, nor may a change of name be made unless for a justifiable reason
and, in any case, not oftener than once every ten (10) years. The name of a
local government unit or a public place, street or structure with historical,
cultural, or ethnic significance shall not be changed, unless by a unanimous
vote of the Sanggunian concerned and in consultation with the PHC.
(e) A change of name of a public
school shall be made only upon the recommendation of the local school board
concerned.
(f) A change of name of public
hospitals, health centers, and other health facilities shall be made only upon
the recommendation of the local health board concerned.
(g) The change of name of any
local government unit shall be effective only upon ratification in a plebiscite
conducted for the purpose in the political unit directly affected. In any
change of name, the Office of the President, the representative of the
legislative district concerned, and the Bureau of Posts shall be notified.
SECTION 14. Beginning
of Corporate Existence. - When a new local government unit is created, its
corporate existence shall commence upon the election and qualification of its
chief executive and a majority of the members of its Sanggunian, unless some
other time is fixed therefor by the law or ordinance creating it.
SECTION 15. Political
and Corporate Nature of Local Government Units. - Every local government unit
created or recognized under this Code is a body politic and corporate endowed
with powers to be exercised by it in conformity with law. As such, it shall
exercise powers as a political subdivision of the national government and as a
corporate entity representing the inhabitants of its territory.
SECTION 16. General
Welfare. - Every local government unit shall exercise the powers expressly
granted, those necessarily implied there from, as well as powers necessary,
appropriate, or incidental for its efficient and effective governance, and
those which are essential to the promotion of the general welfare. Within their
respective territorial jurisdictions, local government units shall ensure and
support, among other things, the preservation and enrichment of culture,
promote health and safety, enhance the right of the people to a balanced
ecology, encourage and support the development of appropriate and self-reliant
scientific and technological capabilities, improve public morals, enhance
economic prosperity and social justice, promote full employment among their
residents, maintain peace and order, and preserve the comfort and convenience
of their inhabitants.
SECTION 17. Basic Services
and Facilities.
(a) Local government units shall
endeavor to be self-reliant and shall continue exercising the powers and
discharging the duties and functions currently vested upon them. They shall
also discharge the functions and responsibilities of national agencies and
offices devolved to them pursuant to this Code. Local government units shall
likewise exercise such other powers and discharge such other functions and
responsibilities as are necessary, appropriate, or incidental to efficient and
effective provision of the basic services and facilities enumerated herein.
(b) Such basic services and facilities include, but
are not limited to, the following:
(1) For a Barangay:
(i) Agricultural support services
which include planting materials distribution system and operation of farm
produce collection and buying stations;
(ii) Health and social welfare
services which include maintenance of Barangay health center and day-care
center;
(iii) Services and facilities
related to general hygiene and sanitation, beautification, and solid waste
collection;
(iv) Maintenance of Katarungang
Pambarangay;
(v) Maintenance of Barangay roads
and bridges and water supply systems
(vi) Infrastructure facilities such
as multi-purpose hall, multipurpose pavement, plaza, sports center, and other
similar facilities;
(vii) Information and reading
center; and
(viii) Satellite or public market,
where viable;
(2) For a municipality:
(i) Extension and on-site research
services and facilities related to agriculture and fishery activities which
include dispersal of livestock and poultry, fingerlings, and other seeding
materials for aqua-culture; palay, corn, and vegetable seed farms; medicinal
plant gardens; fruit tree, coconut, and other kinds of seedling nurseries;
demonstration farms; quality control of copra and improvement and development
of local distribution channels, preferably through cooperatives; inter-Barangay
irrigation system; water and soil resource utilization and conservation
projects; and enforcement of fishery laws in municipal waters including the
conservation of mangroves;
(ii) Pursuant to national policies
and subject to supervision, control and review of the DENR, implementation of
community-based forestry projects which include integrated social forestry
programs and similar projects; management and control of communal forests with
an area not exceeding fifty (50) square kilometers; establishment of tree
parks, greenbelts, and similar forest development projects;
(iii) Subject to the provisions of
Title Five, Book I of this Code, health services which include the
implementation of programs and projects on primary health care, maternal and
child care, and communicable and non-communicable disease control services;
access to secondary and tertiary health services; purchase of medicines,
medical supplies, and equipment needed to carry out the services herein
enumerated;
(iv) Social welfare services which
include programs and projects on child and youth welfare, family and community
welfare, women's welfare, welfare of the elderly and disabled persons;
community-based rehabilitation programs for vagrants, beggars, street children,
scavengers, juvenile delinquents, and victims of drug abuse; livelihood and
other pro-poor projects; nutrition services; and family planning services;
(v) Information services which
include investments and job placement information systems, tax and marketing
information systems, and maintenance of a public library;
(vi) Solid waste disposal system or
environmental management system and services or facilities related to general
hygiene and sanitation;
(vii) Municipal buildings, cultural
centers, public parks including freedom parks, playgrounds, and sports
facilities and equipment, and other similar facilities;
(viii) Infrastructure facilities
intended primarily to service the needs of the residents of the municipality
and which are funded out of municipal funds including, but not limited to,
municipal roads and bridges; school buildings and other facilities for public
elementary and secondary schools; clinics, health centers and other health
facilities necessary to carry out health services; communal irrigation, small
water impounding projects and other similar projects; fish ports; artesian
wells, spring development, rainwater collectors and water supply systems;
seawalls, dikes, drainage and sewerage, and flood control; traffic signals and
road signs; and similar facilities;
(ix) Public markets, slaughterhouses
and other municipal enterprises;
(x) Public cemetery;
(xi) Tourism facilities and other
tourist attractions, including the acquisition of equipment, regulation and
supervision of business concessions, and security services for such facilities;
and
(xii) Sites for police and fire
stations and substations and the municipal jail;
(3) For a Province:
(i) Agricultural extension and
on-site research services and facilities which include the prevention and
control of plant and animal pests and diseases; dairy farms, livestock markets,
animal breeding stations, and artificial insemination centers; and assistance
in the organization of farmers' and fishermen's cooperatives and other
collective organizations, as well as the transfer of appropriate technology;
(ii) Industrial research and
development services, as well as the transfer of appropriate technology;
(iii) Pursuant to national policies
and subject to supervision, control and review of the DENR, enforcement of
forestry laws limited to community-based forestry projects, pollution control
law, small-scale mining law, and other laws on the protection of the
environment; and mini-hydro electric projects for local purposes;
(iv) Subject to the provisions of
Title Five, Book I of this Code, health services which include hospitals and
other tertiary health services;
(v) Social welfare services which
include pro grams and projects on rebel returnees and evacuees; relief
operations; and, population development services;
(vi) Provincial buildings,
provincial jails, freedom parks and other public assembly areas, and other
similar facilities;
(vii) Infrastructure facilities
intended to service the needs of the residents of the province and which are
funded out of provincial funds including, but not limited to, provincial roads
and bridges; inter-municipal waterworks, drainage and sewerage, flood control,
and irrigation systems; reclamation projects; and similar facilities;
(viii) Programs and projects for
low-cost housing and other mass dwellings, except those funded by the Social
Security System (SSS), Government Service Insurance System (GSIS), and the Home
Development Mutual Fund (HDMF): Provided, That national funds for these
programs and projects shall be equitably allocated among the regions in
proportion to the ratio of the homeless to the population;
(ix) Investment support services,
including access to credit financing;
(x) Upgrading and modernization of
tax information and collection services through the use of computer hardware
and software and other means;
(xi) Inter-municipal
telecommunications services, subject to national policy guidelines; and
(xii) Tourism development and
promotion programs;
(4) For a City:
All the services and facilities of the municipality
and province, and in addition thereto, the following:
(i) Adequate communication and
transportation facilities;
(ii) Support for education, police
and fire services and facilities.
(c) Notwithstanding the provisions
of subsection (b) hereof, public works and infrastructure projects and other
facilities funded by the national government under the annual General
Appropriations Act, other special laws, pertinent executive orders, and those
wholly or partially funded from foreign sources, are not covered under this
section, except in those cases where the local government unit concerned is
duly designated as the implementing agency for such projects, facilities,
programs, and services.
(d) The designs, plans,
specifications, testing of materials, and the procurement of equipment and
materials from both foreign and local sources necessary for the provision of
the foregoing services and facilities shall be undertaken by the local
government unit concerned, based on national policies, standards and
guidelines.
(e) National agencies or offices
concerned shall devolve to local government units the responsibility for the
provision of basic services and facilities enumerated in this section within
six (6) months after the effectivity of this Code.
As used in this Code, the term
"devolution" refers to the act by which the national government confers power
and authority upon the various local government units to perform specific
functions and responsibilities.
(f) The national government or the
next higher level of local government unit may provide or augment the basic
services and facilities assigned to a lower level of local government unit when
such services or facilities are not made available or, if made available, are
inadequate to meet the requirements of its inhabitants.
(g) The basic services and
facilities herein above enumerated shall be funded from the share of local
government units in the proceeds of national taxes and other local revenues and
funding support from the national government, its instrumentalities and
government-owned or -controlled corporations which are tasked by law to
establish and maintain such services or facilities. Any fund or resource
available for the use of local government units shall be first allocated for
the provision of basic services or facilities enumerated in subsection (b)
hereof before applying the same for other purposes, unless otherwise provided
in this Code.
(h) The Regional offices of
national agencies or offices whose functions are devolved to local government
units as provided herein shall be phased out within one (1) year from the
approval of this Code. Said national agencies and offices may establish such
field units as may be necessary for monitoring purposes and providing technical
assistance to local government units. The properties, equipment, and other
assets of these regional offices shall be distributed to the local government
units in the region in accordance with the rules and regulations issued by the
oversight committee created under this Code.
(i) The devolution contemplated in
this Code shall include the transfer to local government units of the records,
equipment and other assets and personnel of national agencies and offices,
corresponding to the devolved powers, functions, and responsibilities.
Personnel of said national agencies
or offices shall be absorbed by the local government units to which they belong
or in whose areas they are assigned to the extent that it is administratively
viable as determined by the said oversight committee: Provided, That the rights
accorded to such personnel pursuant to civil service law, rules and regulations
shall not be impaired: Provided, Further, That regional directors who are
career executive service officers and other officers of similar rank in the
said regional offices who cannot be absorbed by the local government unit shall
be retained by the national government, without any diminution of rank, salary
or tenure.
To ensure the active participation
of the private sector in local governance, local government units may, by
ordinance, sell, lease, encumber, or otherwise dispose of public economic
enterprises owned by them in their proprietary capacity.
Costs may also be charged for the
delivery of basic services or facilities enumerated in this section.
SECTION 18. Power
to Generate and Apply Resources. - Local government units shall have the power
and authority to establish an organization that shall be responsible for the
efficient and effective implementation of their development plans, program
objectives and priorities; to create their own sources of revenue and to levy
taxes, fees, and charges which shall accrue exclusively for their use and
disposition and which shall be retained by them; to have a just share in
national taxes which shall be automatically and directly released to them
without need of any further action; to have an equitable share in the proceeds
from the utilization and development of the national wealth and resources
within their respective territorial jurisdictions including sharing the same
with the inhabitants by way of direct benefits; to acquire, develop, lease,
encumber, alienate, or otherwise dispose of real or personal property held by
them in their proprietary capacity and to apply their resources and assets for
productive, developmental, or welfare purposes, in the exercise or furtherance
of their governmental or proprietary powers and functions and thereby ensure
their development into self-reliant communities and active participants in the
attainment of national goals.
SECTION 19. Eminent
Domain. - A local government unit may, through its chief executive and acting
pursuant to an ordinance, exercise the power of eminent domain for public use,
or purpose, or welfare for the benefit of the poor and the landless, upon
payment of just compensation, pursuant to the provisions of the Constitution
and pertinent laws: Provided, however, That the power of eminent domain may not
be exercised unless a valid and definite offer has been previously made to the
owner, and such offer was not accepted: Provided, further, That the local
government unit may immediately take possession of the property upon the filing
of the expropriation proceedings and upon making a deposit with the proper
court of at least fifteen percent (15%) of the fair market value of the
property based on the current tax declaration of the property to be
expropriated: Provided, finally, That, the amount to be paid for the
expropriated property shall be determined by the proper court, based on the
fair market value at the time of the taking of the property.
SECTION 20. Reclassification
of Lands.
(a) A city or municipality may,
through an ordinance passed by the Sanggunian after conducting public hearings
for the purpose, authorize the reclassification of agricultural lands and
provide for the manner of their utilization or disposition in the following
cases: (1) when the land ceases to be economically feasible and sound for
agricultural purposes as determined by the Department of Agriculture or (2)
where the land shall have substantially greater economic value for residential,
commercial, or industrial purposes, as determined by the Sanggunian concerned:
Provided, That such reclassification shall be limited to the following
percentage of the total agricultural land area at the time of the passage of
the ordinance:
(1) For highly urbanized and
independent component cities, fifteen percent (15%);
(2) For component cities and
first to third class municipalities, ten percent (10%); and
(3) For fourth to sixth class
municipalities, five percent(5%): Provided, further, That agricultural lands
distributed to agrarian reform beneficiaries pursuant to Republic Act Numbered
Sixty-six hundred fifty-seven (R.A. No. 6657), otherwise known as "The
Comprehensive Agrarian Reform Law", shall not be affected by the said
reclassification and the conversion of such lands into other purposes shall be
governed by Section 65 of said Act.
(b) The President may, when public
interest so requires and upon recommendation of the National Economic and
Development Authority, authorize a city or municipality to reclassify lands in
excess of the limits set in the next preceding paragraph.
(c) The local government units
shall, in conformity with existing laws, continue to prepare their respective
comprehensive land use plans enacted through zoning ordinances which shall be
the primary and dominant bases for the future use of land resources: Provided,
That the requirements for food production, human settlements, and industrial
expansion shall be taken into consideration in the preparation of such plans.
(d) Where approval by a national
agency is required for reclassification, such approval shall not be
unreasonably withheld. Failure to act on a proper and complete application for
reclassification within three (3) months from receipt of the same shall be
deemed as approval thereof.
(e) Nothing in this section shall
be construed as repealing, amending, or modifying in any manner the provisions
of R.A. No. 6657.
SECTION 21. Closure and
Opening of Roads.
(a) A
local government unit may, pursuant to an ordinance, permanently or temporarily
close or open any local road, alley, park, or square falling within its
jurisdiction: Provided, however, That in case of permanent closure, such
ordinance must be approved by at least two-thirds (2/3) of all the members of
the Sanggunian, and when necessary, an adequate substitute for the public
facility that is subject to closure is provided.
(b) No
such way or place or any part thereof shall be permanently closed without
making provisions for the maintenance of public safety therein. A property thus
permanently withdrawn from public use may be used or conveyed for any purpose
for which other real property belonging to the local government unit concerned
may be lawfully used or conveyed: Provided, however, That no freedom park shall
be closed permanently without provision for its transfer or relocation to a new
site.
(c) Any
national or local road, alley, park, or square may be temporarily closed during
an actual emergency, or fiesta celebrations, public rallies, 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 executive concerned in a written order: Provided,
however, That no national or local road, alley, park, or square shall set
temporarily closed for athletic, cultural, or civic activities not officially
sponsored, recognized, or approved by the local government unit concerned.
(d) Any
city, municipality, or Barangay may, by a duly enacted close and regulate the
use of any local ordinance, temporarily street, road, thoroughfare, or any
other public place where shopping malls, Sunday, flea or night markets, or
shopping areas may be established and where goods, merchandise, foodstuffs,
commodities, or articles of commerce may be sold and dispensed to the general
public.
SECTION 22. Corporate
Powers.
(a) Every
local government unit, as a corporation, shall have the following powers:
(1) To have
continuous succession in its corporate name;
(2) To sue
and be sued;
(3) To have
and use a corporate seal;
(4) To
acquire and convey real or personal property;
(5) To enter
into contracts; and
(6) To
exercise such other powers as are granted to corporations, subject to the
limitations provided in this Code and other laws.
(b) Local
government units may continue using, modify, or change their existing corporate
seals: Provided, That newly established local government units or those without
corporate seals may create their own corporate seals which shall be registered
with the Department of the Interior and Local Government: Provided, further,
That any change of corporate seal shall also be registered as provided herein.
(c) Unless
otherwise provided in this Code, contract may be entered into by the local
chief executive in behalf of the local government unit without prior
authorization by the Sanggunian concerned. A legible copy of such contract
shall be posted at a conspicuous place in the provincial capitol or the city,
municipal or Barangay hall.
(d) Local
government units shall enjoy full autonomy in the exercise of their proprietary
functions and in the management of their economic enterprises, subject to the
limitations provided in this Code and other applicable laws.
SECTION 23. Authority to
Negotiate and Secure Grants. - Local chief executives may, upon authority of
the Sanggunian, negotiate and secure financial grants or donations in kind, in
support of the basic services or facilities enumerated under Section 17 hereof,
from local and foreign assistance agencies without necessity of securing
clearance or approval therefor from any department, agency, or office of the
national government or from any higher local government unit: Provided, That
projects financed by such grants or assistance with national security
implications shall be approved by the national agency concerned: Provided,
further, That when such national agency fails to act on the request for
approval within thirty (30) days from receipt thereof, the same shall be deemed
approved.
The local chief executive shall, within thirty (30)
days upon signing of such grant agreement or deed of donation, report the
nature, amount, and terms of such assistance to both Houses of Congress and the
President.
SECTION 24. Liability for
Damages. - Local government units and their officials are not exempt from
liability for death or injury to persons or damage to property.
CHAPTER 3. -
INTERGOVERNMENTAL RELATIONS
Article One. - National
Government and Local Government Units
SECTION 25. National
Supervision over Local Government Units. -(a) Consistent with the basic policy
on local autonomy, the President shall exercise general supervision over local
government units to ensure that their acts are within the scope of their
prescribed powers and functions. The President shall exercise supervisory
authority directly over provinces, highly urbanized cities, and independent
component cities; through the province with respect to component cities and
municipalities; and through the city and municipality with respect to
Barangays.
(b)
National agencies and offices with project implementation functions shall
coordinate with one another and with the local government units concerned in
the discharge of these functions. They shall ensure the participation of local
government units both in the planning and implementation of said national
projects.
(c) The
President may, upon request of the local government unit concerned, direct the
appropriate national agency to provide financial, technical, or other forms of
assistance to the local government unit. Such assistance shall be extended at
no extra cost to the local government unit concerned.
(d)
National agencies and offices including government-owned or -controlled
corporations with field units or branches in a province, city, or municipality
shall furnish the local chief executive concerned, for his information and
guidance, monthly reports including duly certified budgetary allocations and
expenditures.
SECTION 26. Duty of National
Government Agencies in the Maintenance of Ecological Balance. - It shall be the
duty of every national agency or government-owned or -controlled corporation
authorizing or involved in the planning and implementation of any project or
program that may cause pollution, climatic change, depletion of non-renewable
resources, loss of crop land, rangeland, or forest cover, and extinction of
animal or plant species, to consult with the local government units,
nongovernmental organizations, and other sectors concerned and explain the
goals and objectives of project or program, its impact upon the people and the
community in terms of environmental or ecological balance, and the measures
that will be undertaken to prevent or minimize the adverse effects thereof.
SECTION 27. Prior
Consultations Required.- No project or program shall be implemented by
government authorities unless the consultations mentioned in sections 2 (c) and
26 hereof are complied with, and prior approval of the Sanggunian concerned is
obtained: Provided, That occupants in areas where such projects are to be
implemented shall not be evicted unless appropriate relocation sites have been
provided, in accordance with the provisions of the Constitution.
Article Two. - Relations with the
Philippine National Police
SECTION 28. - Powers of
Local Chief Executives over the Units of the Philippine National Police. - The
extent of operational supervision and control of local chief executives over
the police force, fire protection unit, and jail management personnel assigned
in their respective jurisdictions shall be governed by the provisions of
Republic Act Numbered Sixty-nine hundred seventy-five (R.A. No. 6975),
otherwise known as "The Department of the Interior and Local Government Act of
1990", and the rules and regulations issued pursuant thereto.
Article Three. - Inter-Local
Government Relations
SECTION 29. Provincial
Relations with Component Cities and Municipalities. - The province, through the
governor, shall ensure that every component city and municipality within its
territorial jurisdiction acts within the scope of its prescribed powers and
functions. Highly urbanized cities and independent component cities shall be
independent of the province.
SECTION 30. Review of
Executive Orders. - (a) Except as otherwise provided under the Constitution and
special statutes, the governor shall review all executive orders promulgated by
the component city or municipal Mayor within his jurisdiction. The city or
municipal Mayor shall review all executive orders promulgated by the Punong
Barangay within his jurisdiction. Copies of such orders shall be forwarded to
the governor or the city or municipal Mayor, as the case may be, within three
(3) days from their issuance. In all instances of review, the local chief
executive concerned shall ensure that such executive orders are within the
powers granted by law and in conformity with provincial, city, or municipal
ordinances.
(b) If
the governor or the city or municipal Mayor fails to act on said executive
orders within thirty (30) days after their submission, the same shall be deemed
consistent with law and therefore valid.
SECTION 31. Submission of
Municipal Questions to the Provincial Legal Officer or Prosecutor. - In the
absence of a municipal legal officer, the municipal government may secure the
opinion of the provincial legal officer, and in the absence of the latter, that
of the provincial prosecutor on any legal question affecting the municipality.
SECTION 32. City and
Municipal Supervision over their respective Barangays. - The city or
municipality, through the city or municipal Mayor concerned, shall exercise
general supervision over component Barangays to ensure that said Barangays act
within the scope of their prescribed powers and functions.
SECTION 33. Cooperative
Undertakings Among Local Government Units. - Local government units may,
through appropriate ordinances, group themselves, consolidate, or coordinate
their efforts, services, and resources for purposes commonly beneficial to
them. In support of such undertakings, the local government units involved may,
upon approval by the Sanggunian concerned after a public hearing conducted for
the purpose, contribute funds, real estate, equipment, and other kinds of
property and appoint or assign personnel under such terms and conditions as may
be agreed upon by the participating local units through Memoranda of Agreement.
CHAPTER 4. - RELATIONS WITH
PEOPLE'S AND NONGOVERNMENTAL ORGANIZATIONS
SECTION 34. Role of People's
and Non-governmental Organizations. - Local government units shall promote the
establishment and operation of people's and non-governmental organizations to
become active partners in the pursuit of local autonomy.
SECTION 35. Linkages with
People's and Non-Governmental Organizations. - Local government units may enter
into joint ventures and such other cooperative arrangements with people's and
non-governmental organizations to engage in the delivery of certain basic
services, capability-building and livelihood projects, and to develop local
enterprises designed to improve productivity and income, diversify agriculture,
spur rural industrialization, promote ecological balance, and enhance the
economic and social well-being of the people.
SECTION 36. Assistance
to People's and Non-governmental Organizations. - A local government unit may,
through its local chief executive and with the concurrence of the Sanggunian
concerned, provide assistance, financial or otherwise, to such people's and
non-governmental organizations for economic, socially-oriented, environmental,
or cultural projects to be implemented within its territorial jurisdiction.
CHAPTER 5. - LOCAL
PREQUALIFICATION, BIDS AND AWARDS COMMITTEE
SECTION 37. Local
Pre-qualification, Bids and Awards Committee (Local PBAC).
(a) There is
hereby created a local pre-qualification, bids and awards committee in every
province, city, and municipality, which shall be primarily responsible for the
conduct of pre-qualification 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 as members:
(1) The
chairman of the appropriations committee of the Sanggunian concerned;
(2) A
representative of the minority party in the Sanggunian concerned, if any, or if
there be none, one (1) chosen by said Sanggunian from among its members;
(3) The
local treasurer;
(4) Two (2)
representatives of non-governmental organizations that are represented in the
local development council concerned, to be chosen by the organizations
themselves; and (11) Any practicing certified public accountant from the
private sector, to be designated by the local chapter of the Philippine
Institute of Certified Public Accountants, if any.
Representatives of the Commission
on Audit shall observe the proceedings of such committee and shall certify that
the rules and procedures for pre-qualification, bids and awards have been
complied with.
(b) The agenda
and other information relevant to the meetings of such committee shall be
deliberated upon by the committee at least one (1) week before the holding of
such meetings.
(c) All
meetings of the committee shall be held in the provincial capitol or the city
or municipal hall. The minutes of such meetings of the committee and any
decision made therein shall be duly recorded, posted at a prominent place in
the provincial capitol or the city or municipal hall, and delivered by the most
expedient means to elective local officials concerned.
SECTION 38. Local Technical
Committee. - (a) There is hereby created a local technical committee in every
province, city and municipality to provide technical assistance to the local
pre-qualification, bids and awards committees. It shall be composed of the
provincial, city or municipal engineer, the local planning and development
coordinator, and such other officials designated by the local pre-qualification
bids and awards committee.
(b) The chairman of the local
technical committee shall be designated by the local pre-qualification, bids
and awards committee and shall attend its meeting in order to present the
reports and recommendations of the local technical committee.
TITLE TWO. -
ELECTIVE OFFICIALS
CHAPTER 1. - QALIFICATIONS
AND ELECTION
SECTION 39. Qualifications.
- (a) An elective local official must be a citizen of the Philippines; a
registered voter in the Barangay, municipality, city, or province or, in the
case of a member of the Sangguniang Panlalawigan, Sangguniang Panlungsod, or
Sanggunian bayan, the district where he intends to be elected; a resident
therein for at least one (1) year immediately preceding the day of the
election; and able to read and write Filipino or any other local language or
dialect.
(b) Candidates for the position of
governor, vice- governor or member of the Sangguniang Panlalawigan, or Mayor,
vice-mayor or member of the Sangguniang Panlungsod of highly urbanized cities
must be at least twenty-three (23) years of age on election day.
(c) Candidates for the position of
Mayor or vice-mayor of independent component cities, component cities,
municipalities must be at least twenty-one (21) years of age on election day.
(d) Candidates for the position of
member of the Sangguniang Panlungsod or Sangguniang bayan must be at least
eighteen (18) years of age on election day.
(e) Candidates for the position of
Punong Barangay or member of the Sangguniang Barangay must be at least eighteen
(18) years of age on election day.
(f) Candidates for the Sangguniang
kabataan must be at least fifteen (15) years of age but not more than
twenty-one (21) years of age on election day.
SECTION 40. Disqualifications.
- The following persons are disqualified from running for any elective local
position:
(a) Those
sentenced by final judgment for an offense involving moral turpitude or for an
offense punishable by one (1) year or more of imprisonment, within two (2)
years after serving sentence;
(b) Those
removed from office as a result of an administrative case;
(c) Those
convicted by final judgment for violating the oath of allegiance to the
Republic;
(d) Those with
dual citizenship;
(e) Fugitives
from justice in criminal or nonpolitical cases here or abroad;
(f) Permanent
residents in a foreign country or those who have acquired the right to reside
abroad and continue to avail of the same right after the effectivity of this
Code; and
(g) The insane
or feeble-minded.
SECTION 41. Manner of
Election. - (a) The governor, vice-governor, city Mayor, city vice-mayor,
municipal Mayor, municipal vice-mayor, and Punong Barangay shall be elected at
large in their respective units by the qualified voters therein. However, the
Sangguniang kabataan chairman for each Barangay shall be elected by the
registered voters of the katipunan ng kabataan, as provided in this Code.
(b) The regular members of the
Sangguniang Panlalawigan, Sangguniang Panlungsod, and Sangguniang bayan shall
be elected by district, as may be provided for by law. Sangguniang Barangay
members shall be elected at large. The presidents of the leagues of Sanggunian
members of component cities and municipalities shall serve as ex officio
members of the Sangguniang Panlalawigan concerned. The presidents of the liga
ng mga Barangay and the pederasyon ng mga Sangguniang kabataan elected by their
respective chapters, as provided in this Code, shall serve as ex officio
members of the Sangguniang Panlalawigan, Sangguniang Panlungsod, and
Sangguniang bayan.
(c) In addition thereto, there
shall be one (1) sectoral representative from the women, one (1) from the
workers, and one (1) from any of the following sectors: the urban poor,
indigenous cultural communities, disabled persons, or any other sector as may
be determined by the Sanggunian concerned within ninety (90) days prior to the
holding of the next local elections, as may be provided for by law. The Comelec
shall promulgate the rules and regulations to effectively provide for the
election of such sectoral representatives.
SECTION 42. Date of
Election. - Unless otherwise provided by law, the elections for local officials
shall be held every three (3) years on the second Monday of May.
SECTION 43. Term of Office.
- (a) The term of office of all local elective officials elected after the
effectivity of this Code shall be three (3) years, starting from noon of June
30, 1992 or such date as may be provided for by law, except that of elective
Barangay officials: Provided, That all local officials first elected during the
local elections immediately following the ratification of the 1987 Constitution
shall serve until noon of June 30, 1992.
(b) No local elective official
shall serve for more than three (3) consecutive terms in the same position.
Voluntary renunciation of the office for any length of time shall not be
considered as an interruption in the continuity of service for the full term
for which the elective official concerned was elected.
(c) The term of office of Barangay
officials and members of the Sangguniang kabataan shall be for three (3) years,
which shall begin after the regular election of Barangay officials on the
second Monday of May 1994.
CHAPTER 2. - VACANCIES AND
SUCCESSION
SECTION 44. Permanent
Vacancies in the Offices of the Governor, Vice-Governor, Mayor, and Vice-Mayor.
- If a permanent vacancy occurs in the office of the governor or Mayor, the
vice-governor or vice-mayor concerned shall become the governor or Mayor. If a
permanent vacancy occurs in the offices of the governor, vice-governor, Mayor,
or vice-mayor, the highest ranking Sanggunian member or, in case of his
permanent inability, the second highest ranking Sanggunian member, shall become
the governor, vice-governor, Mayor or vice-mayor, as the case may be.
Subsequent vacancies in the said office shall be filled automatically by the
other Sanggunian members according to their ranking as defined herein.
(b) If a
permanent vacancy occurs in the office of the Punong Barangay, the highest
ranking Sanggunian Barangay member or, in case of his permanent inability, the
second highest ranking Sanggunian member, shall become the Punong Barangay.
(c) A
tie between or among the highest ranking Sanggunian members shall be resolved
by the drawing of lots.
(d) The
successors as defined herein shall serve only the unexpired terms of their
predecessors. For purposes of this Chapter, a permanent vacancy arises when an
elective local official fills a higher vacant office, refuses to assume office,
fails to qualify, dies, is removed from office, voluntarily resigns, or is
otherwise permanently incapacitated to discharge the functions of his office.
For purposes of succession as provided in this
Chapter, ranking in the Sanggunian shall be determined on the basis of the
proportion of votes obtained by each winning candidate to the total number of
registered voters in each district in the immediately preceding local election.
SECTION 45. Permanent
Vacancies in the Sanggunian.
(a) Permanent
vacancies in the Sanggunian where automatic successions provided above do not
apply shall be filled by appointment in the following manner:
(1) The
President, through the Executive Secretary, in the case of the Sangguniang
Panlalawigan and the Sangguniang Panlungsod of highly urbanized cities and
independent component cities;
(2) The
governor, in the case of the Sangguniang Panlungsod of component cities and the
Sangguniang bayan;
(3) The city
or municipal Mayor, in the case of Sangguniang Barangay, upon recommendation of
the Sangguniang Barangay concerned.
(b) Except for
the Sangguniang Barangay, only the nominee of the political party under which
the Sanggunian member concerned had been elected and whose elevation to the
position next higher in rank created the last vacancy in the Sanggunian shall
be appointed in the manner hereinabove provided. The appointee shall come from
the same political party as that of the Sanggunian member who caused the
vacancy and shall serve the unexpired term of the vacant office. In the
appointment herein mentioned, a nomination and a certificate of membership of
the appointee from the highest official of the political party concerned are
conditions sine qua non, and any appointment without such nomination and
certification shall be null and void ab initio and shall be a ground for
administrative action against the official responsible therefor.
(c) In case
the permanent vacancy is caused by a Sanggunian member who does not belong to
any political party, the local chief executive shall, upon recommendation of
the Sanggunian concerned, appoint a qualified person to fill the vacancy.
(d) In case of
vacancy in the representation of the youth and the Barangay in the Sanggunian,
said vacancy shall be filled automatically by the official next in rank of the
organization concerned.
SECTION 46. Temporary
Vacancy in the Office of the Local Chief Executive. - (a) When the governor,
city or municipal Mayor, or Punong Barangay is temporarily incapacitated to
perform his duties for physical or legal reasons such as, but not limited to,
leave of absence, travel abroad, and suspension from office, the vice-governor,
city or municipal vice-mayor, or the highest ranking Sangguniang Barangay
member shall automatically exercise the powers and perform the duties and
functions of the local chief executive concerned, except the power to appoint,
suspend, or dismiss employees which can only be exercised if the period of
temporary incapacity exceeds thirty (30) working days.
(b) Said temporary incapacity
shall terminate upon submission to the appropriate Sanggunian of a written
declaration by the local chief executive concerned that he has reported back to
office. In cases where the temporary incapacity is due to legal causes, the
local chief executive concerned shall also submit necessary documents showing
that said legal causes no longer exist.
(c) When the incumbent local chief
executive is traveling within the country but outside his territorial
jurisdiction for a period not exceeding three (3) consecutive days, he may
designate in writing the officer-in-charge of the said office. Such
authorization shall specify the powers and functions that the local official
concerned shall exercise in the absence of the local chief executive except the
power to appoint, suspend, or dismiss employees.
(d) In the event, however, that
the local chief executive concerned fails or refuses to issue such
authorization, the vice-governor, the city or municipal vice-mayor, or the
highest ranking Sangguniang Barangay member, as the case may be, shall have the
right to assume the powers, duties, and functions of the said office on the
fourth (4th) day of absence of the said local chief executive, subject to the
limitations provided in subsection (c) hereof.
(e) Except as provided above, the
local chief executive shall in no case authorize any local official to assume
the powers, duties, and functions of the office, other than the vice-governor,
the city or municipal vice- Mayor, or the highest ranking Sangguniang Barangay
member, as the case may be.
SECTION 47. Approval of
Leaves of Absence. - (a) Leaves of absence of local elective officials shall be
approved as follows:
(1) Leaves
of absence of the governor and the Mayor of a highly urbanized city or an
independent component city shall be approved by the President or his duly
authorized representative;
(2) Leaves
of absence of a vice-governor or a city or municipal vice-mayor shall be
approved by the local chief executive concerned: Provided, That the leaves of
absence of the members of the Sanggunian and its employees shall be approved by
the vice-governor or city or municipal vice- mayor concerned;
(3) Leaves
of absence of the component city or municipal Mayor shall be approved by the
governor; and
(4) Leaves
of absence of a Punong Barangay shall be approved by the city or municipal
mayor: Provided, That leaves of absence of Sangguniang Barangay members shall
be approved by the Punong Barangay.
(b) Whenever the application for
leave of absence hereinabove specified is not acted upon within five (5)
working days after receipt thereof, the application for leave of absence shall
be deemed approved.
CHAPTER 3. - LOCAL
LEGISLATION
SECTION 48. Local
Legislative Power. - Local legislative power shall be exercised by the
Sangguniang Panlalawigan for the province; the Sangguniang Panlungsod for the
city; the Sangguniang bayan for the municipality; and the Sangguniang Barangay
for the Barangay.
SECTION 49. Presiding
Officer. - (a) The vice-governor shall be the presiding officer of the
Sangguniang Panlalawigan; the city vice-mayor, of the Sangguniang Panlungsod;
the municipal vice-mayor, of the Sangguniang bayan; and the Punong Barangay, of
the Sangguniang Barangay. The presiding officer shall vote only to break a tie.
(b) In the event of the inability
of the regular Presiding officer to preside at a Sanggunian session, the
members present and constituting a quorum shall elect from among themselves a
temporary presiding officer. He shall certify within ten (10) days from the
passage of ordinances enacted and resolutions adopted by the Sanggunian in the
session over which he temporarily presided.
SECTION 50. Internal Rules
of Procedure. - (a) On the first regular session following the election of its
members and within ninety (90) days thereafter, the Sanggunian concerned shall
adopt or update its existing rules of procedure.
(b) The rules of procedure shall
provide for the following:
(1) The
organization of the Sanggunian and the election of its officers as well as the
creation of standing committees which shall include, but shall not be limited
to, the committees on appropriations, women and family, human rights, youth and
sports development, environmental protection, and cooperatives; the general
jurisdiction of each committee; and the election of the chairman and members of
each committee;
(2) The
order and calendar of business for each session;
(3) The
legislative process;
(4) The
parliamentary procedures which include the conduct of members during sessions;
(5) The
discipline of members for disorderly behavior and absences without justifiable
cause for four (4) consecutive sessions, for which they may be censured,
reprimanded, or excluded from the session, suspended for not more than sixty
(60) days, or expelled: Provided, That the penalty of suspension or expulsion
shall require the concurrence of at least two-thirds (2/3) vote of all the
Sanggunian members: Provided, further, That a member convicted by final
judgment to imprisonment of at least one (1) year for any crime involving moral
turpitude shall be automatically expelled from the Sanggunian; and
(6) Such
other rules as the Sanggunian may adopt.
SECTION 51. Full Disclosure
of Financial and Business Interests of Sanggunian Members. - (a) Every
Sanggunian member shall, upon assumption to office, make a full disclosure of
his business and financial interests. He shall also disclose any business,
financial, or professional relationship or any relation by affinity or
consanguinity within the fourth civil degree, which he may have with any
person, firm, or entity affected by any ordinance or resolution under
consideration by the Sanggunian of which he is a member, which relationship may
result in conflict of interest. Such relationship shall include:
(1)
Ownership of stock or capital, or investment, in the entity or firm to which
the ordinance or resolution may apply; and
(2)
Contracts or agreements with any person or entity which the ordinance or
resolution under consideration may affect. In the absence of a specific
constitutional or statutory provision applicable to this situation, "conflict
of interest" refers in general to one where it may be reasonably deduced that a
member of a Sanggunian may not act in the public interest due to some private,
pecuniary, or other personal considerations that may tend to affect his
judgment to the prejudice of the service or the public.
(b) The disclosure required under
this Act shall be made in writing and submitted to the secretary of the
Sanggunian or the secretary of the committee of which he is a member. The
disclosure shall, in all cases, form part of the record of the proceedings and
shall be made in the following manner:
(1)
Disclosure shall be made before the member participates in the deliberations on
the ordinance or resolution under consideration: Provided, That, if the member
did not participate during the deliberations, the disclosure shall be made
before voting on the ordinance or resolution on second and third readings; and
(2)
Disclosure shall be made when a member takes a position or makes a privilege
speech on a matter that may affect the business interest, financial connection,
or professional relationship described herein.
SECTION 52. Sessions. - (a)
On the first day of the session immediately following the election of its
members, the Sanggunian shall, by resolution, fix the day, time, and place of
its regular sessions. The minimum number of regular sessions shall be once a
week for the Sangguniang Panlalawigan, Sangguniang Panlungsod, and Sangguniang
bayan, and twice a month for the Sangguniang Barangay.
(b) When public interest so
demands, special sessions may be called by the local chief executive or by a
majority of the members of the Sanggunian.
(c) All Sanggunian sessions shall
be open to the public unless a closed-door session is ordered by an affirmative
vote of a majority of the members present, there being a quorum, in the public
interest or for reasons of security, decency, or morality. No two (2) sessions,
regular or special, may be held in a single day.
(d) In the case of special
sessions of the Sanggunian, a written notice to the members shall be served
personally at the member's usual place of residence at least twenty-four (24)
hours before the special session is held. Unless otherwise concurred in by
two-thirds (2/3) vote of the Sanggunian members present, there being a quorum,
no other matters may be considered at a special session except those stated in
the notice.
(e) Each Sanggunian shall keep a
journal and record of its proceedings which may be published upon resolution of
the Sanggunian concerned.
SECTION 53. Quorum. - (a) A
majority of all the members of the Sanggunian who have been elected and
qualified shall constitute a quorum to transact official business. Should a
question of quorum be raised during a session, the presiding officer shall
immediately proceed to call the roll of the members and thereafter announce the
results.
(b) Where
there is no quorum, the presiding officer may declare a recess until such time
as a quorum is constituted, or a majority of the members present may adjourn
from day to day and may compel the immediate attendance of any member absent
without justifiable cause by designating a member of the Sanggunian, to be
assisted by a member or members of the police force assigned in the territorial
jurisdiction of the local government unit concerned, to arrest the absent
member and present him at the session.
(c) If there
is still no quorum despite the enforcement of the immediately preceding
subsection, no business shall be transacted. The presiding officer, upon proper
motion duly approved by the members present, shall then declare the session
adjourned for lack of quorum.
SECTION 54. Approval of
Ordinances. - (a) Every 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 be. If the
local chief executive concerned approves the same, he shall affix his signature
on each and every page thereof; otherwise, he shall veto it and return the same
with his objections to the Sanggunian, which may proceed to reconsider the
same. The Sanggunian concerned may override the veto of the local chief
executive by two-thirds (2/3) vote of all its members, thereby making the
ordinance or resolution effective for all legal intents and purposes.
(b) The veto
shall be communicated by the local chief executive concerned to the Sanggunian
within fifteen (15) days in the case of a province, and ten (10) days in the
case of a city or a municipality; otherwise, the ordinance shall be deemed
approved as if he had signed it.
(c) Ordinances
enacted by the Sangguniang Barangay shall, upon approval by the majority of all
its members, be signed by the Punong Barangay.
SECTION 55. Veto Power of
the Local Chief Executive. - (a) The local chief executive may veto any
ordinance of the Sangguniang Panlalawigan, Sangguniang Panlungsod, or
Sangguniang bayan on the ground that it is ultra vires or prejudicial to the
public welfare, stating his reasons therefor in writing.
(b) The local
chief executive, except the Punong Barangay, shall have the power to veto any
particular item or items of an appropriations ordinance, an ordinance or
resolution adopting a local development plan and public investment program, or
an ordinance directing the payment of money or creating liability. In such a
case, the veto shall not affect the item or items which are not objected to.
The vetoed item or items shall not take effect unless the Sanggunian overrides
the veto in the manner herein provided; otherwise, the item or items in the
appropriations ordinance of the previous year corresponding to those vetoed, if
any, shall be deemed reenacted.
(c) The local
chief executive may veto an ordinance or resolution only once. The Sanggunian
may override the veto of the local chief executive concerned by two-thirds
(2/3) vote of all its members, thereby making the ordinance effective even
without the approval of the local chief executive concerned.
SECTION 56. Review of
Component City and Municipal Ordinances or Resolutions by the Sangguniang
Panlalawigan. - (a) Within three (3) days after approval, the secretary to the
Sanggunian Panlungsod or Sangguniang bayan shall forward to the Sangguniang
Panlalawigan for review, copies of approved ordinances and the resolutions
approving the local development plans and public investment programs formulated
by the local development councils.
(b) Within
thirty (30) days after receipt of copies of such ordinances and resolutions,
the Sangguniang Panlalawigan shall examine the documents or transmit them to
the provincial attorney, or if there be none, to the provincial prosecutor for
prompt examination. The provincial attorney or provincial prosecutor shall,
within a period of ten (10) days from receipt of the documents, inform the
Sangguniang Panlalawigan in writing of his comments or recommendations, which
may be considered by the Sangguniang Panlalawigan in making its decision.
(c) If the
Sangguniang Panlalawigan finds that such an ordinance or resolution is beyond
the power conferred upon the Sangguniang Panlungsod or Sangguniang bayan
concerned, it shall declare such ordinance or resolution invalid in whole or in
part. The Sangguniang Panlalawigan shall enter its action in the minutes and
shall advise the corresponding city or municipal authorities of the action it
has taken.
(d) If no
action has been taken by the Sangguniang Panlalawigan within thirty (30) days
after submission of such an ordinance or resolution, the same shall be presumed
consistent with law and therefore valid.
SECTION 57. Review of
Barangay Ordinances by the Sangguniang Panlungsod or Sangguniang Bayan. - (a)
Within ten (10) days after its enactment, the Sangguniang Barangay shall
furnish copies of all Barangay ordinances to the Sangguniang Panlungsod or
Sangguniang bayan concerned for review as to whether the ordinance is
consistent with law and city or municipal ordinances.
(b) If
the Sangguniang Panlungsod or Sangguniang bayan, as the case may be, fails to
take action on Barangay ordinances within thirty (30) days from receipt
thereof, the same shall be deemed approved.
(c) If
the Sangguniang Panlungsod or Sangguniang bayan, as the case may be, finds the
Barangay ordinances inconsistent with law or city or municipal ordinances, the
Sanggunian concerned shall, within thirty (30) days from receipt thereof,
return the same with its comments and recommendations to the Sangguniang
Barangay concerned for adjustment, amendment, or modification; in which case,
the effectivity of the Barangay ordinance is suspended until such time as the
revision called for is effected.
SECTION 58. Enforcement of
Disapproved ordinances or Resolutions. - Any attempt to enforce any ordinance
or any resolution approving the local development plan and public investment
program, after the disapproval thereof, shall be sufficient ground for the
suspension or dismissal of the official or employee concerned.
SECTION 59. Effectivity of
Ordinances or Resolutions. (a) Unless otherwise stated in the ordinance or the
resolution approving the local development plan and public investment program,
the same shall take effect after ten (10) days from the date a copy thereof is
posted in a bulletin board at the entrance of the provincial capitol or city,
municipal, or Barangay hall, as the case may be, and in at least two (2) other
conspicuous places in the local government unit concerned.
(b) The
secretary to the Sanggunian concerned shall cause the posting of an ordinance
or resolution in the bulletin board at the entrance of the provincial capitol
and the city, municipal, or Barangay hall in at least two (2) conspicuous
places in the local government unit concerned not later than five (5) days
after approval thereof.
The text of the ordinance or
resolution shall be disseminated and posted in Filipino or English and in the
language or dialect understood by the majority of the people in the local
government unit concerned, and the secretary to the Sanggunian shall record
such fact in a book kept for the purpose, stating the dates of approval and
posting.
(c) The
gist of all ordinances with penal sanctions shall be published in a newspaper
of general circulation within the province where the local legislative body
concerned belongs. In the absence of any newspaper of general circulation
within the province, posting of such ordinances shall be made in all
municipalities and cities of the province where the Sanggunian of origin is
situated.
(d) In
the case of highly urbanized cities, the main features of the ordinance or
resolution duly enacted or adopted shall, in addition to being posted, be
published once in a local newspaper of general circulation within the city:
Provided, That in the absence thereof the ordinance or resolution shall be
published in any newspaper of general circulation.
CHAPTER 4. - DISCIPLINARY
ACTIONS
SECTION 60. Grounds for
Disciplinary Actions. - An elective local official may be disciplined,
suspended, or removed from office on any of the following grounds:
(a) Disloyalty
to the Republic of the Philippines;
(b) Culpable
violation of the Constitution;
(c)
Dishonesty, oppression, misconduct in office, gross negligence, or dereliction
of duty;
(d) Commission
of any offense involving moral turpitude or an offense punishable by at least
prision mayor;
(e) Abuse of
authority;
(f)
Unauthorized absence for fifteen (15) consecutive working days, except in the
case of members of the Sangguniang Panlalawigan, Sangguniang Panlungsod,
Sangguniang bayan, and Sangguniang Barangay;
(g)
Application for, or acquisition of, foreign citizenship or residence or the
status of an immigrant of another country; and
(h) Such other
grounds as may be provided in this Code and other laws. An elective local
official may be removed from office on the grounds enumerated above by order of
the proper court.
SECTION 61. Form and Filing
of Administrative Complaints. - A verified complaint against any erring local
elective official shall be prepared as follows:
(a) A
complaint against any elective official of a province, a highly urbanized city,
an independent component city or component city shall be filed before the
Office of the President;
(b) A
complaint against any elective official of a municipality shall be filed before
the Sangguniang Panlalawigan whose decision may be appealed to the Office of
the President; and
(c) A
complaint against any elective Barangay official shall be filed before the
Sangguniang Panlungsod or Sangguniang bayan concerned whose decision shall be
final and executory.
SECTION 62. Notice of
Hearing. - (a) Within seven (7) days after the administrative complaint is
filed, the Office of the President or the Sanggunian concerned, as the case may
be, shall require the respondent to submit his verified answer within fifteen
(15) days from receipt thereof, and commence the investigation of the case
within ten (10) days after receipt of such answer of the respondent.
(b) When
the respondent is an elective official of a province or highly urbanized city,
such hearing and investigation shall be conducted in the place where he renders
or holds office. For all other local elective officials, the venue shall be the
place where the Sanggunian concerned is located.
(c)
However, no investigation shall be held within ninety (90) days immediately
prior to any local election, and no preventive suspension shall be imposed
within the said period. If preventive suspension has been imposed prior to the
90-day period immediately preceding local election, it shall be deemed
automatically lifted upon the start of aforesaid period.
SECTION 63. Preventive
Suspension.
(a) Preventive
suspension may be imposed:
(1) By the
President, if the respondent is an elective official of a province, a highly
urbanized or an independent component city;
(2) By the
governor, if the respondent is an elective official of a component city or
municipality; or
(3) By the
mayor, if the respondent is an elective official of the Barangay.
(b) Preventive
suspension may be imposed at any time after the issues are joined, when the
evidence of guilt is strong, and given the gravity of the offense, there is
great probability that the continuance in office of the respondent could
influence the witnesses or pose a threat to the safety and integrity of the
records and other evidence: Provided, That, any single preventive suspension of
local elective officials shall not extend beyond sixty (60) days: Provided,
further, That in the event that several administrative cases are filed against
an elective official, he cannot be preventively suspended for more than ninety
(90) days within a single year on the same ground or grounds existing and known
at the time of the first suspension.
(c) Upon
expiration of the preventive suspension, the suspended elective official shall
be deemed reinstated in office without prejudice to the continuation of the
proceedings against him, which shall be terminated within one hundred twenty
(120) days from the time he was formally notified of the case against him.
However, if the delay in the proceedings of the case is due to his fault,
neglect, or request, other than the appeal duly filed, the duration of such
delay shall not be counted in computing the time of termination of the case.
(d) Any abuse
of the exercise of the power of preventive suspension shall be penalized as
abuse of authority.
SECTION 64. Salary of
Respondent Pending Suspension. - The respondent official preventively suspended
from office shall receive no salary or compensation during such suspension;
but, upon subsequent exoneration and reinstatement, he shall be paid full
salary or compensation including such emoluments accruing during such
suspension.
SECTION 65. Rights of
Respondent - The respondent shall be accorded full opportunity to appear and
defend himself in person or by counsel, to confront and cross-examine the
witnesses against him, and to require the attendance of witnesses and the
production of documentary evidence in his favor through the compulsory process
of subpoena or subpoena duces tecum.
SECTION 66. Form and Notice
of Decision. - (a) The investigation of the case shall be terminated within
ninety (90) days from the start thereof. Within thirty (30) days after the end
of the investigation, the Office of the President or the Sanggunian concerned
shall render a decision in writing stating clearly and distinctly the facts and
the reasons for such decision. Copies of said decision shall immediately be
furnished the respondent and all interested parties.
(b) The penalty of suspension
shall not exceed the unexpired term of the respondent or a period of six (6)
months for every administrative offense, nor shall said penalty be a bar to the
candidacy of the respondent so suspended as long as he meets the qualifications
required for the office.
(c) The penalty of removal from
office as a result of an administrative investigation shall be considered a bar
to the candidacy of the respondent for any elective position.
SECTION 67. Administrative
Appeals. - Decisions in administrative cases may, within thirty (30) days from
receipt thereof, be appealed to the following:
(a) The
Sangguniang Panlalawigan, in the case of decisions of the Sangguniang
Panlungsod of component cities and the Sangguniang bayan; and
(b) The Office
of the President, in the case of decisions of the Sangguniang Panlalawigan and
the Sangguniang Panlungsod of highly urbanized cities and independent component
cities. Decisions of the Office of the President shall be final and executory.
SECTION 68. Execution
Pending Appeal. - An appeal shall not prevent a decision from becoming final or
executory. The respondent shall be considered as having been placed under
preventive suspension during the pendency of an appeal in the event he wins
such appeal. In the event the appeal results in an exoneration, he shall be
paid his salary and such other emoluments during the pendency of the appeal.
CHAPTER 5. - RECALL
SECTION 69. By Whom
Exercised. - The power of recall for loss of confidence shall be exercised by
the registered voters of a local government unit to which the local elective
official subject to such recall belongs.
SECTION 70. Initiation of
the Recall Process. - (a) Recall may be initiated by a preparatory recall
assembly or by the registered voters of the local government unit to which the
local elective official 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:
(1)
Provincial level. - All mayors, vice-mayors, and Sanggunian members of the
municipalities and component cities;
(2)City
level. - All Punong Barangay and Sangguniang Barangay members in the city;
(3)
Legislative District level. - In cases where Sangguniang Panlalawigan members
are elected by district, all elective municipal officials in the district; and
in cases where Sangguniang Panlungsod members are elected by district, all
elective Barangay officials in the district; and
(4)
Municipal level. - All Punong Barangay and Sangguniang Barangay members in the
municipality.
(c) A majority of all the
preparatory recall assembly members may convene in session in a public place
and initiate a recall proceeding against any elective official in the local
government unit concerned. Recall of provincial, city, or municipal officials
shall be validly initiated through a resolution adopted by a majority of all
the members of the preparatory recall assembly concerned during its session
called for the purpose.
(d) Recall of any elective
provincial, city, municipal, or Barangay official may also be validly initiated
upon petition of at least twenty-five percent (25%) of the total number of
registered voters in the local government unit concerned during the election in
which the local official sought to be recalled was elected.
(1) A
written petition for recall duly signed before the election registrar or his
representative, and in the presence of a representative of the petitioner and a
representative of the official sought to be recalled, and in a public place in
the province, city, municipality, or Barangay, as the case may be, shall be
filed with the Comelec through its office in the local government unit
concerned. The Comelec or its duly authorized representative shall cause the
publication of the petition in a public and conspicuous place for a period of
not less than ten (10) days nor more than twenty (20) days, for the purpose of
verifying the authenticity and genuineness of the petition and the required
percentage of voters.
(2) Upon
the lapse of the aforesaid period, the Comelec or its duly authorized
representative shall announce the acceptance of candidates to the position and
thereafter prepare the list of candidates which shall include the name of the
official sought to be recalled.
SECTION 71. Election on
Recall. - Upon the filing of a valid resolution or petition for recall with the
appropriate local office of the Comelec, the Commission or its duly authorized
representative shall set the date of the election on recall, which shall not be
later than thirty (30) days after the filing of the resolution or petition for
recall in the case of the Barangay, city, or municipal officials, and
forty-five (45) days in the case of provincial officials. The official or
officials sought to be recalled shall automatically be considered as duly
registered candidate or candidates to the pertinent positions and, like other
candidates, shall be entitled to be voted upon.
SECTION 72. Effectivity of
Recall. - The recall of an elective local official shall be effective only upon
the election and proclamation of a successor in the person of the candidate
receiving the highest number of votes cast during the election on 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 73. Prohibition from
Resignation. - The elective local official sought to be recalled shall not be
allowed to resign while the recall process is in progress.
SECTION 74. Limitations on
Recall. - (a) Any elective local official may be the subject of a recall
election only once during his term of office for loss of confidence.
(b) No recall shall take place
within one (1) year from the date of the official's assumption to office or one
(1) year immediately preceding a regular local election.
SECTION 75. Expenses
Incident to Recall Elections. - All expenses incident to recall elections shall
be borne by the Comelec. For this purpose, there shall be included in the
annual General Appropriations Act a contingency fund at the disposal of the
Comelec for the conduct of recall elections.
TITLE THREE. -
HUMAN RESOURCES AND DEVELOPMENT
SECTION 76. Organizational
Structure and Staffing Pattern. - Every local government unit shall design and
implement its own organizational structure and staffing pattern taking into
consideration its service requirements and financial capability, subject to the
minimum standards and guidelines prescribed by the Civil Service Commission.
SECTION 77. Responsibility
for Human Resources and Development. - The chief executive of every local
government unit shall be responsible for human resources and development in his
unit and shall take all personnel actions in accordance with the Constitutional
provisions on civil service, pertinent laws, and rules and regulations thereon,
including such policies, guidelines and standards as the Civil Service
Commission may establish: Provided, That the local chief executive may employ
emergency or casual employees or laborers paid on a daily wage or piecework
basis and hired through job orders for local projects authorized by the
Sanggunian concerned, without need of approval or attestation by the Civil
Service Commission: Provided, further, That the period of employment of
emergency or casual laborers as provided in this section shall not exceed six
(6) months.
The Joint Commission on Local Government Personnel
Administration organized pursuant to Presidential Decree Numbered Eleven
Hundred thirty-six (P.D. No. 136) is hereby abolished and its personnel ,
records, equipment and other assets transferred to the appropriate office in
the Civil Service Commission.
SECTION 78. Civil Service
Law, Rules and Regulations, and Other Related Issuances. - All matters
pertinent to human resources and development in local government units shall be
governed by the civil service law and such rules and regulations and other
issuances promulgated pursuant thereto, unless otherwise specified in this
Code.
SECTION 79. Limitation on
Appointments. - No person shall be appointed in the career service of the local
government if he is related within the fourth civil degree of consanguinity or
affinity to the appointing or recommending authority.
SECTION 80. Public Notice of
Vacancy; Personnel Selection Board. - (a) Whenever a local chief executive
decides to fill a vacant career position, there shall be posted notices of the
vacancy in at least three (3) conspicuous public places in the local government
unit concerned for a period of not less than fifteen (15) days.
(b) There shall be established in
every province, city or municipality a personnel selection board to assist the
local chief executive in the judicious and objective selection of personnel for
employment as well as for promotion, and in the formulation of such policies as
would contribute to employee welfare.
(c) The personnel selection board
shall be headed by the local chief executive, and its members shall be
determined by resolution of the Sanggunian concerned. A representative of the
Civil Service Commission, if any, and the personnel officer of the local
government unit concerned shall be ex officio members of the board.
SECTION 81. Compensation of
Local Officials and Employees. - The compensation of local officials and
personnel shall be determined by the Sanggunian concerned: Provided, That the
increase in compensation of elective local officials shall take effect only
after the terms of office of those approving such increase shall have expired:
Provided, further, That the increase in compensation of the appointive
officials and employees shall take effect as provided in the ordinance
authorizing such increase: Provided, however, That said increases shall not
exceed the limitations on budgetary allocations for personal services provided
under Title Five, Book II of this Code: Provided, finally, That such
compensation may be based upon the pertinent provisions of Republic Act
Numbered Sixty-seven fifty-eight (R.A. No. 6758), otherwise known as the
"Compensation and Position Classification Act of 1989".
The Punong Barangay, the Sangguniang Barangay
members, the Sangguniang kabataan chairman, the Barangay treasurer, and the
Barangay secretary shall be entitled to such compensation, allowances,
emoluments, and such other privileges as provided under Title One, Book III of
this Code.
Elective local officials shall be entitled to the
same leave privileges as those enjoyed by appointive local officials, including
the cumulation and commutation thereof.
SECTION 82. Resignation of
Elective Local Officials. - (a) Resignations by elective local officials shall
be deemed effective only upon acceptance by the following authorities:
(1) The
President, in the case of governors, vice- governors, and mayors and
vice-mayors of highly urbanized cities and independent component cities;
(2) The
governor, in the case of municipal mayors, municipal vice-mayors, city mayors
and city vice-mayors of component cities;
(3) The
Sanggunian concerned, in the case of Sanggunian members; and
(4) The city
or municipal mayor, in the case of Barangay officials.
(b) Copies of the resignation
letters of elective local officials, together with the action taken by the
aforesaid authorities, shall be furnished the Department of Interior and Local
Government.
(c) The resignation shall be
deemed accepted if not acted upon by the authority concerned within fifteen
(15) working days from receipt thereof.
(d) Irrevocable resignations by
Sangguniang members shall be deemed accepted upon presentation before an open
session of the Sanggunian concerned and duly entered in its records: Provided,
however, That this subsection does not apply to Sanggunian members who are
subject to recall elections or to cases where existing laws prescribe the
manner of acting upon such resignations.
SECTION 83. Grievance
Procedure. - In every local government unit, the local chief executive shall
establish a procedure to inquire into, act upon, resolve or settle complaints
and grievances presented by local government employees.
SECTION 84. Administrative
Discipline. - Investigation and adjudication of administrative complaints
against appointive local officials and employees as well as their suspension
and removal shall be in accordance with the civil service law and rules and
other pertinent laws. The results of such administrative investigations shall
be reported to the Civil Service Commission.
SECTION 85. Preventive
Suspension of Appointive Local Officials and Employees. - (a) The local chief
executives may preventively suspend for a period not exceeding sixty (60) days
any subordinate official or employee under his authority pending investigation
if the charge against such official or employee involves dishonesty, oppression
or grave misconduct or neglect in the performance of duty, or if there is
reason to believe that the respondent is guilty of the charges which would
warrant his removal from the service.
(b) Upon expiration of the
preventive suspension, the suspended official or employee shall be
automatically reinstated in office without prejudice to the continuation of the
administrative proceedings against him until its termination. If the delay in
the proceedings of the case is due to the fault, neglect or request of the
respondent, the time of the delay shall not be counted in computing the period
of suspension herein provided.
SECTION 86. Administrative
Investigation. - In any local government unit, administrative investigation may
be conducted by a person or a committee duly authorized by the local chief
executive. Said person or committee shall conduct hearings on the cases brought
against appointive local officials and employees and submit their findings and
recommendations to the local chief executive concerned within fifteen (15) days
from the conclusion of the hearings. The administrative cases herein mentioned
shall be decided within ninety (90) days from the time the respondent is
formally notified of the charges.
SECTION 87. Disciplinary
Jurisdiction. - Except as otherwise provided by law, the local chief executive
may impose the penalty of removal from service, demotion in rank, suspension
for not more than one (1) year without pay, fine in an amount not exceeding six
(6) months' salary, or reprimand and otherwise discipline subordinate officials
and employees under his jurisdiction. If the penalty imposed is suspension
without pay for not more than thirty (30) days, his decision shall be final. If
the penalty imposed is heavier than suspension of thirty (30) days, the
decision shall be appealable to the Civil Service Commission, which shall
decide the appeal within thirty (30) days from receipt thereof.
SECTION 88. Execution
Pending Appeal. - An appeal shall not prevent the execution of a decision of
removal or suspension of a respondent-appellant. In case the
respondent-appellant is exonerated, he shall be reinstated to his position with
all the rights and privileges appurtenant thereto from the time he had been
deprived thereof.
SECTION 89. Prohibited
Business and Pecuniary Interest. - (a) It shall be unlawful for any local
government official or employee, directly or indirectly, to:
(1)
Engage in any business transaction with the local government unit in which he
is an official or employee or over which he has the power of supervision, or
with any of its authorized boards, officials, agents, or attorneys, whereby
money is to be paid, or property or any other thing of value is to be
transferred, directly or indirectly, out of the resources of the local
government unit to such person or firm;
(2) Hold
such interests in any cockpit or other games licensed by a local government
unit.
(3)
Purchase any real estate or other property forfeited in favor of such local
government unit for unpaid taxes or assessment, or by virtue of a legal process
at the instance of the said local government unit.
(4) Be a
surety for any person contracting or doing business with the local government
unit for which a surety is required; and
(5)
Possess or use any public property of the local government unit for private
purposes.
(b) All other prohibitions
governing the conduct of national public officers relating to prohibited
business and pecuniary interest so provided for under Republic Act Numbered
Sixty-seven thirteen (R. A. No. 6713) otherwise known as the "Code of Conduct
and Ethical Standards for Public Officials and Employees" and other laws shall
also be applicable to local government officials and employees.
SECTION 90. Practice of
Profession. - (a) All governors, city and municipal mayors are prohibited from
practicing their profession or engaging in any occupation other than the
exercise of their functions as local chief executives.
(b) Sanggunian members may
practice their professions, engage in any occupation, or teach in schools
except during session hours: Provided, That Sanggunian members who are also
members of the Bar shall not:
(1) Appear
as counsel before any court in any civil case wherein a local government unit
or any office, agency, or instrumentality of the government is the adverse
party;
(2) Appear
as counsel in any criminal case wherein an officer or employee of the national
or local government is accused of an offense committed in relation to his
office.
(3) Collect
any fee for their appearance in administrative proceedings involving the local
government unit of which he is an official; and
(4) Use
property and personnel of the government except when the Sanggunian member
concerned is defending the interest of the government.
(c) Doctors of
medicine may practice their profession even during official hours of work only
on occasions of emergency: Provided, That the officials concerned do not derive
monetary compensation therefrom.
SECTION 91. Statement of
Assets and Liabilities.- (a) Officials 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 in
government service, financial and business interests, and personnel data sheets
as required by law.
SECTION 92. Oath of Office.
- (a) All elective and appointive local officials and employees
shall, upon assumption to office, subscribe to an oath or affirmation of office
in the prescribed form. The oath or affirmation of office shall be filed with
the office of the local chief executive concerned. A copy of the oath or
affirmation of office of all elective and appointive local officials and
employees shall 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 93. Partisan
Political Activity. - No local official or employee in the career civil service
shall engage directly or indirectly in any partisan political activity or take
part in any election, initiative, referendum, plebiscite, or recall, except to
vote, nor shall he use his official authority or influence to cause the
performance of any political activity by any person or body. He may, however,
express his views on current issues, or mention the names of certain candidates
for public office whom he supports. Elective local officials may take part in
partisan political and electoral activities, but it shall be unlawful for them
to solicit contributions from their subordinates or subject these subordinates
to any of the prohibited acts under the Omnibus Election Code.
SECTION 94. Appointment of
Elective and Appointive Local Officials; Candidates Who Lost in Election. - (a)
No elective or appointive local official shall be eligible for appointment or
designation in any capacity to any public office or position during his tenure.
Unless otherwise allowed by law or by the primary
functions of his position, no elective or appointive local official shall hold
any other office or employment in the government or any subdivision, agency or
instrumentality thereof, including government-owned or -controlled corporations
or their subsidiaries.
(b)
Except for losing candidates in Barangay elections, no candidate who lost in
any election shall, within one (1) year after such election, be appointed to
any office in the government or any government-owned or -controlled
corporations or in any of their subsidiaries.
SECTION 95. Additional or
Double Compensation. - No elective or appointive local official or employee
shall receive additional, double, or indirect compensation, unless specifically
authorized by law, nor accept without the consent of Congress, any present,
emoluments, office, or title of any kind from any foreign government. Pensions
or gratuities shall not be considered as additional, double, or indirect
compensation.
SECTION 96. Permission to
Leave Station. - (a) Provincial, city, municipal, and Barangay appointive
officials going on official travel shall apply and secure written permission
from their respective local chief executives before departure. The application
shall specify the reasons for such travel, and the permission shall be given or
withheld based on considerations of public interest, financial capability of
the local government unit concerned and urgency of the travel.
Should the local chief executive concerned fail to
act upon such application within four (4) working days from receipt thereof, it
shall be deemed approved.
(b) Mayors of
component cities and municipalities shall secure the permission of the governor
concerned for any travel outside the province.
(c) Local
government officials traveling abroad shall notify their respective Sanggunian:
Provided, That when the period of travel extends to more than three (3) months,
during periods of emergency or crisis or when the travel involves the use of
public funds, permission from the Office of the President shall be secured.
(d)
Field 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 executive concerned. Such notice 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 97. Annual Report. -
On or before March 31 of each year, every local chief executive shall submit an
annual report to the Sanggunian concerned on the socioeconomic, political and
peace and order conditions, and other matters concerning the local government
unit, which shall cover the immediately preceding calendar year. A copy of the
report shall be forwarded to the Department of Interior and Local Government.
Component cities and municipalities shall likewise provide the Sangguniang
Panlalawigan copies of their respective annual reports.
TITLE FOUR. -
LOCAL SCHOOL BOARDS
SECTION 98. Creation,
Composition and Compensation. - (a) There shall be established in every
province, city, or municipality a provincial, city or municipal school board,
respectively.
(b) The
composition of local school boards shall be as follows:
(1) The provincial school board
shall be composed of the governor and the division superintendent of schools as
co-chairmen; the chairman of the education committee of the Sangguniang
Panlalawigan, the provincial treasurer, the representative of the pederasyon ng
mga Sangguniang kabataan in the Sangguniang Panlalawigan, the duly elected
president of the provincial federation of parents-teachers association, the
duly elected representative of the teachers' organization in the province, and
the duly elected representative of the non-academic personnel of public schools
in the province, as members;
(2) The city school board shall
be composed of the city mayor and the city superintendent of schools as
co-chairmen; the chairman of the education 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 city federation of parents-teachers associations, the duly elected
representative of the teachers' organizations in the city, and the duly elected
representative of the non-academic personnel of public schools in the city, as
members; and
(3) 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 municipal treasurer, the representative
of the pederasyon ng mga Sangguniang kabataan in the Sangguniang bayan, the
duly elected president of the municipal federation of parents-teachers
associations, the duly elected representative of the teachers' organizations in
the municipality, and the duly elected representative of the non-academic
personnel of public schools in the city, as members;
(c) In the
event that a province or city has two (2) or more school superintendents, and
in the event that a municipality has two (2) or more district supervisors, the
co-chairman of the local school board shall be determined as follows:
(1) The
Department of Education, Culture and Sports shall designate the co-chairman
for the provincial and city school boards; and
(2) The
division superintendent of schools shall designate the district supervisor who
shall serve as co-chairman of the municipal school board.
(d) The
performance of the duties and responsibilities of the abovementioned officials
in their respective local school boards shall not be delegated.
SECTION 99. Functions of
Local School Boards. - The provincial, city or municipal school board shall:
(b) Determine,
in accordance with the criteria set by the Department of Education, Culture and
Sports, the annual supplementary budgetary needs for the operation and
maintenance of public schools within the province, city or municipality, as the
case may be, and the supplementary local cost of meeting such needs, which
shall be reflected in the form of an annual school board budget corresponding
to its share in the proceeds of the special levy on real property constituting
the Special Education fund and such other sources of revenue as this Code and
other laws or ordinances may provide;
(b) Authorize
the provincial, city or municipal treasurer, as the case may be, to disburse
funds from the Special Education fund pursuant to the budget prepared and in
accordance with existing rules and regulations;
(c) Serve as
an advisory committee to the Sanggunian concerned on educational matters such
as, but not limited to, the necessity for and the uses of local appropriations
for educational purposes; and
(d) Recommend
changes in the names of public schools within the territorial jurisdiction of
the local government unit for enactment by the Sanggunian concerned.
The Department of Education,
Culture and Sports shall consult the local school board on the appointment of
division superintendents, district supervisors, school principals, and other
school officials.
SECTION 100. Meetings and
Quorum; Budget. - (a) The local school board shall meet at least once a month
or as often as may be necessary.
(b) Any of the
co-chairmen may call a meeting. A majority of all its members shall constitute
a quorum. However, when both co-chairmen are present in a meeting, the local
chief executive concerned, as a matter of protocol, shall be given preference
to preside over the meeting. The division superintendent, city superintendent
or district supervisor, as the case may be, shall prepare the budget of the
school board concerned. Such budget shall be supported by programs, projects,
and activities of the school board for the ensuing fiscal year. The affirmative
vote of the majority of all its members shall be necessary to approve the
budget.
(c) The annual
school board budget shall give priority to the following:
(1)
Construction, repair, and maintenance of school buildings and other facilities
of public elementary and secondary schools;
(2)
Establishment and maintenance of extension classes where necessary; and
(3) Sports
activities at the division, district, municipal, and Barangay levels.
SECTION 101. Compensation
and Remuneration. - The co-chairmen and members of the provincial, city or
municipal school board shall perform their duties as such without compensation
or remuneration. Members thereof who are not government officials or employees
shall be entitled to necessary traveling expenses and allowances chargeable
against funds of the local school board concerned, subject to existing
accounting and auditing rules and regulations.
TITLE FIVE. -
LOCAL HEALTH BOARDS
SECTION 102. 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:
(1) The
provincial health board shall be headed by the governor as chairman, the
provincial health officer as vice-chairman, and the chairman of the committee
on health of the Sangguniang Panlalawigan, a representative from the private
sector or non-governmental organizations involved in health services, and a
representative of the Department of Health in the province, as members;
(2) The city
health board shall be headed by the city mayor as chairman, the city health
officer as vice-chairman, and the chairman of the committee on health of the
Sangguniang Panlungsod, a representative from the private sector or
non-governmental organizations involved in health services, and a
representative of the Department of Health in the city, as members; and
(3) 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, a representative from the private sector or
non-governmental organizations involved in health services, and a
representative of the Department of Health in the municipality, as members;
(b) The functions of the local
health board shall be:
(1) To propose to the Sanggunian
concerned, in accordance with standards and criteria set by the Department of
Health, annual budgetary allocations for the operation and maintenance of
health facilities and services within the municipality, city or province, as
the case may be.
(2) To
serve as an advisory committee to the Sanggunian concerned on health matters
such as, but not limited to, the necessity for, and application of, local
appropriations for public health purposes; and
(3)
Consistent with the technical and administrative standards of the Department of
Health, create committees which shall advise local health agencies on matters
such as, but not limited to, personnel selection and promotion, bids and
awards, grievances and complaints, personnel discipline, budget review,
operations review and similar functions.
SECTION 104. Meetings and
Quorum. - (a) The board shall meet at least once a month or as often as may be
necessary.
(b) A majority
of the members of the board shall constitute a quorum, but the chairman or the
vice-chairman must be present during meetings where budgetary proposals are
being prepared or considered. The affirmative vote of all the majority of the
members shall be necessary to approve such proposals.
SECTION 104. Compensation
and Remuneration. - The chairman, vice-chairman, and members of the provincial,
city or municipal health board shall perform their duties as such without
compensation or remuneration. Members thereof who are not government officials
or employees shall be entitled to necessary traveling expenses and allowances
chargeable against the funds of the local health board concerned, subject to
existing accounting and auditing rules and regulations.
SECTION 105. Direct
National Supervision and Control by the Secretary of Health. - In cases of
epidemics, pestilence, and other widespread public health dangers, the
Secretary of Health may, upon the direction of the President and in
consultation with the local government unit concerned, temporarily assume
direct supervision and control over health operations in any local government
unit for the duration of the emergency, but in no case exceeding a cumulative
period of six (6) months. With the concurrence of the local government unit
concerned, the period for such direct national control and supervision may be
further extended.
TITLE SIX. -
LOCAL DEVELOPMENT COUNCILS
SECTION 106. Local
Development Councils. - (a) Each local government unit shall have a
comprehensive multi-sectoral development plan to be initiated by its
development council and approved by its Sanggunian. For this purpose, the
development council at the provincial city, municipal, or Barangay level, shall
assist the corresponding Sanggunian in setting the direction of economic and
social development, and coordinating development efforts within its territorial
jurisdiction.
SECTION 107. Composition of
Local Development Councils. - The composition of the local development council
shall be as follows:
(b) The
Barangay development council shall be headed by the Punong Barangay and shall
be composed of the following members:
(1) Members
of the Sangguniang Barangay;
(2)
Representatives of non-governmental organizations operating in the Barangay,
who shall constitute not less than one fourth (1/4) of the members of the fully
organized council;
(3) A
representative of the congressman.
(b) The city or
municipal development council shall be headed by the mayor and shall be
composed of the following members:
(1) All
Punong Barangays in the city or municipality;
(2) The
chairman of the committee on appropriations of the Sangguniang Panlungsod or
Sangguniang bayan concerned;
(3) The
congressman or his representative; and
(4)
Representatives of non-governmental organizations operating in the city or
municipality, as the case may be, who shall constitute not less than one-fourth
(1/4) of the members of the fully organized council.
(c) The
provincial development council shall be headed by the governor and shall be
composed of the following members:
(1) All
mayors of component cities and municipalities;
(2) The
chairman of the committee on appropriations of the Sangguniang Panlalawigan;
(3) The
congressman or his representative; and
(4)
Representatives of nongovernmental organizations operating in the province, who
shall constitute not less than one-fourth (1/4) of the members of the fully
organized council.
(d) The local
development councils may call upon any local official concerned or any official
of national agencies or offices in the local government unit to assist in the
formulation of their respective development plans and public investment
programs.
SECTION 108. Representation
of Non-Governmental Organizations. - Within a period of sixty (60) days from
the start of organization of local development councils, the nongovernmental
organizations shall choose from among themselves their representatives to said
councils. The local Sanggunian concerned shall accredit nongovernmental
organizations subject to such criteria as may be provided by law.
SECTION 109. Functions of
Local Development Councils. - (a) The provincial, city, and municipal
development councils shall exercise the following functions:
(1)
Formulate long-term, medium-term, and annual socioeconomic development plans
and policies;
(2)
Formulate the medium-term and annual public investment programs;
(3) Appraise
and prioritize socioeconomic development programs and projects;
(4)
Formulate local investment incentives to promote the inflow and direction of
private investment capital;
(5)
Coordinate, monitor, and evaluate the implementation of development programs
and projects; and
(6) Perform
such other functions as may be provided by law or competent authority.
(b) The Barangay development
council shall exercise the following functions:
(1) Mobilize
people's participation in local development efforts;
(2) Prepare
Barangay development plans based on local requirements;
(3) Monitor
and evaluate the implementation of national or local programs and projects; and
(4) Perform
such other functions as may be provided by law or competent authority.
SECTION 110. Meetings and
Quorum. - The local development council shall meet at least once every six (6)
months or as often as may be necessary.
SECTION 111. Executive
Committee. - (a) Each local development council shall create an executive
committee to represent it and act in its behalf when it is not in session. The
composition of the executive committee shall be as follows:
(1) The executive committee of
the provincial development council shall be composed of the governor as
chairman, the representative of component city and municipal mayors to be
chosen from among themselves, the chairman of the committee on appropriations
of the Sangguniang Panlalawigan, the president of the provincial league of
Barangays, and a representative of nongovernmental organizations that are
represented in the council, as members;
(2) The
executive committee of the city or municipal development council shall be
composed of the mayor as chairman, the chairman of the committee on
appropriations of the Sangguniang Panlalawigan, the president of the city or
municipal league of Barangays, and a representative of nongovernmental
organizations that are represented in the council, as members; and
(3) The
executive committee of the Barangay development council shall be composed of
the Punong Barangay as chairman, a representative of the Sangguniang Barangay
to be chosen from among its members, and a representative of nongovernmental
organizations that are represented in the council, as members.
(b) The
executive committee shall exercise the following powers and functions:
(1) Ensure
that the decision of the council are faithfully carried out and implemented;
(2) Act on
matters requiring immediate attention or action by the council;
(3)
Formulate policies, plans, and programs based on the general principles laid
down by the council; and
(4) Act on
other matters that may be authorized by the council.
SECTION 112. Sectoral or
Functional Committees. - The local development councils may form sectoral or
functional committees to assist them in the performance of their functions.
SECTION 113. Secretariat. -
There is hereby constituted for each local development council a secretariat
which shall be responsible for providing technical support, documentation of
proceedings, preparation of reports and such other assistance as may be
required in the discharge of its functions. The local development council may
avail of the services of any nongovernmental organization or educational or
research institution for this purpose.
The secretariats of the provincial, city, and
municipal development councils shall be headed by their respective planning and
development coordinators. The secretariat of the Barangay development council
shall be headed by the Barangay secretary who shall be assisted by the city or
municipal planning and development coordinator concerned.
SECTION 114. Relation of
Local Development Councils to the Sanggunian and the Regional Development
Council. - (a) The policies, programs, and projects proposed by local
development councils shall be submitted to the Sanggunian concerned for
appropriate action. The local development plans approved by their respective
Sanggunian may be integrated with the development plans of the next higher
level of local development council.
(b) The
approved development plans of provinces, highly-urbanized cities, and
independent component cities shall be submitted to the regional development
council, which shall be integrated into the regional development plan for
submission to the National Economic and Development Authority, in accordance
with existing laws.
SECTION 115. Budget
Information. - The Department of Budget and Management shall furnish the
various local development councils information on financial resources and
budgetary allocations applicable to their respective jurisdictions to guide
them in their planning functions.
TITLE SEVEN.
-LOCAL PEACE AND ORDER COUNCIL
SECTION 116. Organization.
- There is hereby established in every province, city and municipality a local
peace and order council, pursuant to Executive Order Numbered Three hundred
nine (E.O. No. 309), Series of 1988. The local peace and order councils shall
have the same composition and functions as those prescribed by the said
executive order.
TITLE EIGHT. -
AUTONOMOUS SPECIAL ECONOMIC ZONE
SECTION 117. Establishment
of Autonomous Special Economic Zones. - The establishment by law of autonomous
special economic zones in selected areas of the country shall be subject to
concurrence by the local government units included therein.
TITLE NINE. -
OTHER PROVISIONS APPLICABLE TO LOCAL GOVERNMENT UNITS
CHAPTER 1. - Settlement of
Boundary Disputes
SECTION 118. Jurisdictional
Responsibility for Settlement of Boundary Dispute. - Boundary disputes between
and among local government units shall, as much as possible, be settled
amicably. To this end:
(a)
Boundary disputes involving two (2) or more Barangays in the same city or
municipality shall be referred for settlement to the Sangguniang Panlungsod or
Sangguniang bayan concerned.
(b)
Boundary disputes involving two (2) or more municipalities within the same
province shall be referred for settlement to the Sangguniang Panlalawigan
concerned.
(c)
Boundary disputes involving municipalities or component cities of different
provinces shall be jointly referred for settlement to the Sanggunians of the
provinces concerned.
(d)
Boundary disputes involving a component city or municipality on the one hand
and a highly urbanized city on the other, or two (2) or more highly urbanized
cities, shall be jointly referred for settlement to the respective Sanggunians
of the parties.
(e) In
the event the Sanggunian fails to effect an amicable settlement within sixty
(60) days from the date the dispute was referred thereto, it shall issue a
certification to that effect. Thereafter, the dispute shall be formally tried
by the Sanggunian concerned which shall decide the issue within sixty (60) days
from the date of the certification referred to above.
SECTION 119. Appeal. -
Within the time and manner prescribed by the Rules of Court, any party may
elevate the decision of the Sanggunian concerned to the proper Regional Trial
Court having jurisdiction over the area in dispute. The Regional Trial Court
shall decide the appeal within one (1) year from the filing thereof. Pending
final resolution of the disputed area prior to the dispute shall be maintained
and continued for all legal purposes.
CHAPTER 2. - LOCAL
INITIATIVE AND REFERENDUM
SECTION 120. Local
Initiative Defined. - Local initiative is the legal process whereby the
registered voters of a local government unit may directly propose, enact, or
amend any ordinance.
SECTION 121. Who May
Exercise. - The power of local initiative and referendum may be exercised by
all registered voters of the provinces, cities, municipalities, and Barangays.
SECTION 122. Procedure in
Local Initiative. - (a) Not less than one thousand (1,000) registered voters in
case of provinces and cities, one hundred (100) in case of municipalities, and
fifty (50) in case of Barangays, may file a petition with the Sanggunian
concerned proposing the adoption, enactment, repeal, or amendment of an
ordinance.
(b) If no
favorable action thereon is taken by the Sanggunian concerned within thirty
(30) days from its presentation, the proponents, through their duly authorized
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 Roman numeral I. The
Comelec or its designated representative shall extend assistance in the
formulation of the proposition.
(d) Two (2) or
more propositions may be submitted in an initiative.
(e) Proponents
shall have ninety (90) days in case of provinces and cities, sixty (60) days in
case of municipalities, and thirty (30) days in case of Barangays, from notice
mentioned in subsection (b) hereof to collect the required number of
signatures.
(f) The
petition shall be signed before the election registrar, or his designated
representatives, in the presence of a representative of the proponent, and a
representative of the Sanggunian concerned in a public place in the local
government unit, as the case may be. Stations for collecting signatures may be
established in as many places as may be warranted.
(g) Upon the
lapse of the period herein provided, the Comelec, through its office in the
local government unit concerned, shall certify as to whether or not the
required number of signatures has been obtained. Failure to obtain the required
number defeats the proposition.
(h) If the
required number of signatures is obtained, the Comelec shall then set a date
for the initiative during which the proposition shall be submitted to the
registered voters in the local government unit concerned for their approval
within sixty (60) days from the date of certification by the Comelec, as
provided in subsection (g) hereof, in case of provinces and cities, forty-five
(45) days in case of municipalities, and thirty (30) days in case of Barangays.
The initiative shall then be held on the date set, after which the results
thereof shall be certified and proclaimed by the Comelec.
SECTION 123. Effectivity of
Local Propositions. - If the proposition is approved by a majority of the votes
cast, it shall take effect fifteen (15) days after certification by the Comelec
as if affirmative action thereon had been made by the Sanggunian and local
chief executive concerned. If it fails to obtain said number of votes, the
proposition is considered defeated.
SECTION 124. Limitations on
Local Initiatives. - (a) The power of local initiative shall not be exercised
more than once a year.
(b)
Initiative shall extend only to subjects or matters which are within the legal
powers of the Sanggunians to enact.
(c) If
at any time before the initiative is held, the Sanggunian concerned adopts in
to the proposition presented and the local chief executive approves the same,
the initiative shall be canceled. However, those against such action may, if
they so desire, apply for initiative in the manner herein provided.
SECTION 125. Limitations
upon Sanggunians. - Any proposition or ordinance approved through the system of
initiative and referendum as herein provided shall not be repealed, modified or
amended by the Sanggunian concerned within six (6) months from the date of the
approval thereof, and may be amended, modified or repealed by the Sanggunian
within three (3) years thereafter by a vote of three-fourths (3/4) of all its
members: Provided, That in case of Barangays, the period shall be eighteen (18)
months after the approval thereof.
SECTION 126. Local
Referendum Defined. - Local referendum is the legal process whereby the
registered voters of the local government units may approve, amend or reject
any ordinance enacted by the Sanggunian. The local referendum shall be held
under the control and direction of the Comelec within sixty (60) days in case
of provinces and cities, forty-five (45) days in case of municipalities and
thirty (30) days in case of Barangays. The Comelec shall certify and proclaim
the results of the said referendum.
SECTION 127. Authority of
Courts. - Nothing in this Chapter shall prevent or preclude the proper courts
from declaring null and void any proposition approved pursuant to this Chapter
for violation of the Constitution or want of capacity of the Sanggunian
concerned to enact the said measure.