ARTICLE X

LOCAL GOVERNMENT

Section 2. The territorial and political subdivisions shall enjoy local autonomy.

Section 4. The President of the Philippines shall exercise general supervision over local governments.
Provinces with respect to component cities and municipalities, and cities and municipalities with respect
to component barangays, shall ensure that the acts of their component units are within the scope of
their prescribed powers and functions

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.

G.R. No. 152774 May 27, 2004

THE PROVINCE OF BATANGAS, represented by its Governor, HERMILANDO I. MANDANAS, petitioner,

vs.
HON. ALBERTO G. ROMULO, Executive Secretary and Chairman of the Oversight Committee on
Devolution; HON. EMILIA BONCODIN, Secretary, Department of Budget and Management; HON. JOSE
D. LINA, JR., Secretary, Department of Interior and Local Government, respondents.

DECISION

CALLEJO, SR., J.:

The Province of Batangas, represented by its Governor, Hermilando I. Mandanas, filed the present
petition for certiorari, prohibition and mandamus under Rule 65 of the Rules of Court, as amended, to
declare as unconstitutional and void certain provisos contained in the General Appropriations Acts (GAA)
of 1999, 2000 and 2001, insofar as they uniformly earmarked for each corresponding year the amount of
five billion pesos (₱5,000,000,000.00) of the Internal Revenue Allotment (IRA) for the Local Government
Service Equalization Fund (LGSEF) and imposed conditions for the release thereof.

Named as respondents are Executive Secretary Alberto G. Romulo, in his capacity as Chairman of the
Oversight Committee on Devolution, Secretary Emilia Boncodin of the Department of Budget and
Management (DBM) and Secretary Jose Lina of the Department of Interior and Local Government (DILG).

Background

On December 7, 1998, then President Joseph Ejercito Estrada issued Executive Order (E.O.) No. 48
entitled "ESTABLISHING A PROGRAM FOR DEVOLUTION ADJUSTMENT AND EQUALIZATION." The
program was established to "facilitate the process of enhancing the capacities of local government units
(LGUs) in the discharge of the functions and services devolved to them by the National Government
Agencies concerned pursuant to the Local Government Code."1 The Oversight Committee (referred to as
the Devolution Committee in E.O. No. 48) constituted under Section 533(b) of Republic Act No. 7160
(The Local Government Code of 1991) has been tasked to formulate and issue the appropriate rules and
regulations necessary for its effective implementation.2 Further, to address the funding shortfalls of
functions and services devolved to the LGUs and other funding requirements of the program, the
"Devolution Adjustment and Equalization Fund" was created.3 For 1998, the DBM was directed to set
aside an amount to be determined by the Oversight Committee based on the devolution status appraisal
surveys undertaken by the DILG.4 The initial fund was to be sourced from the available savings of the
national government for CY 1998.5 For 1999 and the succeeding years, the corresponding amount
required to sustain the program was to be incorporated in the annual GAA.6 The Oversight Committee
has been authorized to issue the implementing rules and regulations governing the equitable allocation
and distribution of said fund to the LGUs.7

The LGSEF in the GAA of 1999

In Republic Act No. 8745, otherwise known as the GAA of 1999, the program was renamed as the LOCAL
GOVERNMENT SERVICE EQUALIZATION FUND (LGSEF). Under said appropriations law, the amount of
₱96,780,000,000 was allotted as the share of the LGUs in the internal revenue taxes. Item No. 1, Special
Provisions, Title XXXVI – A. Internal Revenue Allotment of Rep. Act No. 8745 contained the following
proviso:

... PROVIDED, That the amount of FIVE BILLION PESOS (₱5,000,000,000) shall be earmarked for the Local
Government Service Equalization Fund for the funding requirements of projects and activities arising
from the full and efficient implementation of devolved functions and services of local government units
pursuant to R.A. No. 7160, otherwise known as the Local Government Code of 1991: PROVIDED,
FURTHER, That such amount shall be released to the local government units subject to the implementing
rules and regulations, including such mechanisms and guidelines for the equitable allocations and
distribution of said fund among local government units subject to the guidelines that may be prescribed
by the Oversight Committee on Devolution as constituted pursuant to Book IV, Title III, Section 533(b) of
R.A. No. 7160. The Internal Revenue Allotment shall be released directly by the Department of Budget
and Management to the Local Government Units concerned.

On July 28, 1999, the Oversight Committee (with then Executive Secretary Ronaldo B. Zamora as
Chairman) passed Resolution Nos. OCD-99-003, OCD-99-005 and OCD-99-006 entitled as follows:
OCD-99-005

RESOLUTION ADOPTING THE ALLOCATION SCHEME FOR THE PhP5 BILLION CY 1999 LOCAL
GOVERNMENT SERVICE EQUALIZATION FUND (LGSEF) AND REQUESTING HIS EXCELLENCY PRESIDENT
JOSEPH EJERCITO ESTRADA TO APPROVE SAID ALLOCATION SCHEME.

OCD-99-006

RESOLUTION ADOPTING THE ALLOCATION SCHEME FOR THE PhP4.0 BILLION OF THE 1999 LOCAL
GOVERNMENT SERVICE EQUALIZATION FUND AND ITS CONCOMITANT GENERAL FRAMEWORK,
IMPLEMENTING GUIDELINES AND MECHANICS FOR ITS IMPLEMENTATION AND RELEASE, AS
PROMULGATED BY THE OVERSIGHT COMMITTEE ON DEVOLUTION.

OCD-99-003

RESOLUTION REQUESTING HIS EXCELLENCY PRESIDENT JOSEPH EJERCITO ESTRADA TO APPROVE THE
REQUEST OF THE OVERSIGHT COMMITTEE ON DEVOLUTION TO SET ASIDE TWENTY PERCENT (20%) OF
THE LOCAL GOVERNMENT SERVICE EQUALIZATION FUND (LGSEF) FOR LOCAL AFFIRMATIVE ACTION
PROJECTS AND OTHER PRIORITY INITIATIVES FOR LGUs INSTITUTIONAL AND CAPABILITY BUILDING IN
ACCORDANCE WITH THE IMPLEMENTING GUIDELINES AND MECHANICS AS PROMULGATED BY THE
COMMITTEE.

These OCD resolutions were approved by then President Estrada on October 6, 1999.

Under the allocation scheme adopted pursuant to Resolution No. OCD-99-005, the five billion pesos
LGSEF was to be allocated as follows:

1. The PhP4 Billion of the LGSEF shall be allocated in accordance with the allocation scheme and
implementing guidelines and mechanics promulgated and adopted by the OCD. To wit:

a. The first PhP2 Billion of the LGSEF shall be allocated in accordance with the codal formula sharing
scheme as prescribed under the 1991 Local Government Code;

b. The second PhP2 Billion of the LGSEF shall be allocated in accordance with a modified 1992 cost of
devolution fund (CODEF) sharing scheme, as recommended by the respective leagues of provinces, cities
and municipalities to the OCD. The modified CODEF sharing formula is as follows:

Province : 40%

Cities : 20%

Municipalities : 40%

This is applied to the P2 Billion after the approved amounts granted to individual provinces, cities and
municipalities as assistance to cover decrease in 1999 IRA share due to reduction in land area have been
taken out.

2. The remaining PhP1 Billion of the LGSEF shall be earmarked to support local affirmative action projects
and other priority initiatives submitted by LGUs to the Oversight Committee on Devolution for approval
in accordance with its prescribed guidelines as promulgated and adopted by the OCD.
In Resolution No. OCD-99-003, the Oversight Committee set aside the one billion pesos or 20% of the
LGSEF to support Local Affirmative Action Projects (LAAPs) of LGUs. This remaining amount was intended
to "respond to the urgent need for additional funds assistance, otherwise not available within the
parameters of other existing fund sources." For LGUs to be eligible for funding under the one-billion-
peso portion of the LGSEF, the OCD promulgated the following:

III. CRITERIA FOR ELIGIBILITY:

1. LGUs (province, city, municipality, or barangay), individually or by group or multi-LGUs or leagues of

LGUs, especially those belonging to the 5th and 6th class, may access the fund to support any projects or
activities that satisfy any of the aforecited purposes. A barangay may also access this fund directly or
through their respective municipality or city.

2. The proposed project/activity should be need-based, a local priority, with high development impact
and are congruent with the socio-cultural, economic and development agenda of the Estrada
Administration, such as food security, poverty alleviation, electrification, and peace and order, among
others.

3. Eligible for funding under this fund are projects arising from, but not limited to, the following areas of
concern:

a. delivery of local health and sanitation services, hospital services and other tertiary services;

b. delivery of social welfare services;

c. provision of socio-cultural services and facilities for youth and community development;

d. provision of agricultural and on-site related research;

e. improvement of community-based forestry projects and other local projects on environment and
natural resources protection and conservation;

f. improvement of tourism facilities and promotion of tourism;

g. peace and order and public safety;

h. construction, repair and maintenance of public works and infrastructure, including public buildings
and facilities for public use, especially those destroyed or damaged by man-made or natural calamities
and disaster as well as facilities for water supply, flood control and river dikes;

i. provision of local electrification facilities;

j. livelihood and food production services, facilities and equipment;

k. other projects that may be authorized by the OCD consistent with the aforementioned objectives and
guidelines;

4. Except on extremely meritorious cases, as may be determined by the Oversight Committee on

Devolution, this portion of the LGSEF shall not be used in expenditures for personal costs or benefits
under existing laws applicable to governments. Generally, this fund shall cover the following objects of
expenditures for programs, projects and activities arising from the implementation of devolved and
regular functions and services:

a. acquisition/procurement of supplies and materials critical to the full and effective implementation of
devolved programs, projects and activities;

b. repair and/or improvement of facilities;

c. repair and/or upgrading of equipment;

d. acquisition of basic equipment;

e. construction of additional or new facilities;

f. counterpart contribution to joint arrangements or collective projects among groups of municipalities,

cities and/or provinces related to devolution and delivery of basic services.

5. To be eligible for funding, an LGU or group of LGU shall submit to the Oversight Committee on
Devolution through the Department of Interior and Local Governments, within the prescribed schedule
and timeframe, a Letter Request for Funding Support from the Affirmative Action Program under the
LGSEF, duly signed by the concerned LGU(s) and endorsed by cooperators and/or beneficiaries, as well as
the duly signed Resolution of Endorsement by the respective Sanggunian(s) of the LGUs concerned. The
LGU-proponent shall also be required to submit the Project Request (PR), using OCD Project Request
Form No. 99-02, that details the following:

(a) general description or brief of the project;

(b) objectives and justifications for undertaking the project, which should highlight the benefits to the
locality and the expected impact to the local program/project arising from the full and efficient
implementation of social services and facilities, at the local levels;

(c) target outputs or key result areas;

(d) schedule of activities and details of requirements;

(e) total cost requirement of the project;

(f) proponent's counterpart funding share, if any, and identified source(s) of counterpart funds for the
full implementation of the project;

(g) requested amount of project cost to be covered by the LGSEF.

Further, under the guidelines formulated by the Oversight Committee as contained in Attachment -
Resolution No. OCD-99-003, the LGUs were required to identify the projects eligible for funding under
the one-billion-peso portion of the LGSEF and submit the project proposals thereof and other
documentary requirements to the DILG for appraisal. The project proposals that passed the DILG's
appraisal would then be submitted to the Oversight Committee for review, evaluation and approval.
Upon its approval, the Oversight Committee would then serve notice to the DBM for the preparation of
the Special Allotment Release Order (SARO) and Notice of Cash Allocation (NCA) to effect the release of
funds to the said LGUs.
The LGSEF in the GAA of 2000

Under Rep. Act No. 8760, otherwise known as the GAA of 2000, the amount of ₱111,778,000,000 was
allotted as the share of the LGUs in the internal revenue taxes. As in the GAA of 1999, the GAA of 2000
contained a proviso earmarking five billion pesos of the IRA for the LGSEF. This proviso, found in Item No.
1, Special Provisions, Title XXXVII – A. Internal Revenue Allotment, was similarly worded as that
contained in the GAA of 1999.

The Oversight Committee, in its Resolution No. OCD-2000-023 dated June 22, 2000, adopted the
following allocation scheme governing the five billion pesos LGSEF for 2000:

1. The PhP3.5 Billion of the CY 2000 LGSEF shall be allocated to and shared by the four levels of LGUs,
i.e., provinces, cities, municipalities, and barangays, using the following percentage-sharing formula
agreed upon and jointly endorsed by the various Leagues of LGUs:

For Provinces 26% or ₱ 910,000,000

For Cities 23% or 805,000,000

For Municipalities 35% or 1,225,000,000

For Barangays 16% or 560,000,000

Provided that the respective Leagues representing the provinces, cities, municipalities and barangays
shall draw up and adopt the horizontal distribution/sharing schemes among the member LGUs whereby
the Leagues concerned may opt to adopt direct financial assistance or project-based arrangement, such
that the LGSEF allocation for individual LGU shall be released directly to the LGU concerned;

Provided further that the individual LGSEF shares to LGUs are used in accordance with the general
purposes and guidelines promulgated by the OCD for the implementation of the LGSEF at the local levels
pursuant to Res. No. OCD-99-006 dated October 7, 1999 and pursuant to the Leagues' guidelines and
mechanism as approved by the OCD;

Provided further that each of the Leagues shall submit to the OCD for its approval their respective
allocation scheme, the list of LGUs with the corresponding LGSEF shares and the corresponding project
categories if project-based;

Provided further that upon approval by the OCD, the lists of LGUs shall be endorsed to the DBM as the
basis for the preparation of the corresponding NCAs, SAROs, and related budget/release documents.

2. The remaining ₱1,500,000,000 of the CY 2000 LGSEF shall be earmarked to support the following
initiatives and local affirmative action projects, to be endorsed to and approved by the Oversight
Committee on Devolution in accordance with the OCD agreements, guidelines, procedures and
documentary requirements:

On July 5, 2000, then President Estrada issued a Memorandum authorizing then Executive Secretary
Zamora and the DBM to implement and release the 2.5 billion pesos LGSEF for 2000 in accordance with
Resolution No. OCD-2000-023.

Thereafter, the Oversight Committee, now under the administration of President Gloria Macapagal-
Arroyo, promulgated Resolution No. OCD-2001-29 entitled "ADOPTING RESOLUTION NO. OCD-2000-023
IN THE ALLOCATION, IMPLEMENTATION AND RELEASE OF THE REMAINING ₱2.5 BILLION LGSEF FOR CY
2000." Under this resolution, the amount of one billion pesos of the LGSEF was to be released in
accordance with paragraph 1 of Resolution No. OCD-2000-23, to complete the 3.5 billion pesos allocated
to the LGUs, while the amount of 1.5 billion pesos was allocated for the LAAP. However, out of the latter
amount, ₱400,000,000 was to be allocated and released as follows: ₱50,000,000 as financial assistance
to the LAAPs of LGUs; ₱275,360,227 as financial assistance to cover the decrease in the IRA of LGUs
concerned due to reduction in land area; and ₱74,639,773 for the LGSEF Capability-Building Fund.

The LGSEF in the GAA of 2001

In view of the failure of Congress to enact the general appropriations law for 2001, the GAA of 2000 was
deemed re-enacted, together with the IRA of the LGUs therein and the proviso earmarking five billion
pesos thereof for the LGSEF.

On January 9, 2002, the Oversight Committee adopted Resolution No. OCD-2002-001 allocating the five
billion pesos LGSEF for 2001 as follows:

Modified Codal Formula ₱ 3.000 billion

Priority Projects 1.900 billion

Capability Building Fund .100 billion

₱ 5.000 billion

RESOLVED FURTHER, that the ₱3.0 B of the CY 2001 LGSEF which is to be allocated according to the
modified codal formula shall be released to the four levels of LGUs, i.e., provinces, cities, municipalities
and barangays, as follows:

Percentag
LGUs Amount
e

Provinces 25 ₱ 0.750 billion

Cities 25 0.750

Municipalitie
35 1.050
s

Barangays 15 0.450

100 ₱ 3.000 billion

RESOLVED FURTHER, that the ₱1.9 B earmarked for priority projects shall be distributed according to the
following criteria:
1.0 For projects of the 4th, 5th and 6th class LGUs; or

2.0 Projects in consonance with the President's State of the Nation Address (SONA)/summit
commitments.

RESOLVED FURTHER, that the remaining ₱100 million LGSEF capability building fund shall be distributed
in accordance with the recommendation of the Leagues of Provinces, Cities, Municipalities and
Barangays, and approved by the OCD.

Upon receipt of a copy of the above resolution, Gov. Mandanas wrote to the individual members of the
Oversight Committee seeking the reconsideration of Resolution No. OCD-2002-001. He also wrote to
Pres. Macapagal-Arroyo urging her to disapprove said resolution as it violates the Constitution and the
Local Government Code of 1991.

On January 25, 2002, Pres. Macapagal-Arroyo approved Resolution No. OCD-2002-001.

The Petitioner's Case

The petitioner now comes to this Court assailing as unconstitutional and void the provisos in the GAAs of
1999, 2000 and 2001, relating to the LGSEF. Similarly assailed are the Oversight Committee's Resolutions
Nos. OCD-99-003, OCD-99-005, OCD-99-006, OCD-2000-023, OCD-2001-029 and OCD-2002-001 issued
pursuant thereto. The petitioner submits that the assailed provisos in the GAAs and the OCD resolutions,
insofar as they earmarked the amount of five billion pesos of the IRA of the LGUs for 1999, 2000 and
2001 for the LGSEF and imposed conditions for the release thereof, violate the Constitution and the Local
Government Code of 1991.

Section 6, Article X of the Constitution is invoked as it mandates that the "just share" of the LGUs shall be
automatically released to them. Sections 18 and 286 of the Local Government Code of 1991, which
enjoin that the "just share" of the LGUs shall be "automatically and directly" released to them "without
need of further action" are, likewise, cited.

The petitioner posits that to subject the distribution and release of the five-billion-peso portion of the
IRA, classified as the LGSEF, to compliance by the LGUs with the implementing rules and regulations,
including the mechanisms and guidelines prescribed by the Oversight Committee, contravenes the
explicit directive of the Constitution that the LGUs' share in the national taxes "shall be automatically
released to them." The petitioner maintains that the use of the word "shall" must be given a compulsory
meaning.

To further buttress this argument, the petitioner contends that to vest the Oversight Committee with the
authority to determine the distribution and release of the LGSEF, which is a part of the IRA of the LGUs,
is an anathema to the principle of local autonomy as embodied in the Constitution and the Local
Government Code of 1991. The petitioner cites as an example the experience in 2001 when the release
of the LGSEF was long delayed because the Oversight Committee was not able to convene that year and
no guidelines were issued therefor. Further, the possible disapproval by the Oversight Committee of the
project proposals of the LGUs would result in the diminution of the latter's share in the IRA.

Another infringement alleged to be occasioned by the assailed OCD resolutions is the improper
amendment to Section 285 of the Local Government Code of 1991 on the percentage sharing of the IRA
among the LGUs. Said provision allocates the IRA as follows: Provinces – 23%; Cities – 23%;
Municipalities – 34%; and Barangays – 20%.8 This formula has been improperly amended or modified,
with respect to the five-billion-peso portion of the IRA allotted for the LGSEF, by the assailed OCD
resolutions as they invariably provided for a different sharing scheme.

The modifications allegedly constitute an illegal amendment by the executive branch of a substantive
law. Moreover, the petitioner mentions that in the Letter dated December 5, 2001 of respondent
Executive Secretary Romulo addressed to respondent Secretary Boncodin, the former endorsed to the
latter the release of funds to certain LGUs from the LGSEF in accordance with the handwritten
instructions of President Arroyo. Thus, the LGUs are at a loss as to how a portion of the LGSEF is actually
allocated. Further, there are still portions of the LGSEF that, to date, have not been received by the
petitioner; hence, resulting in damage and injury to the petitioner.

The petitioner prays that the Court declare as unconstitutional and void the assailed provisos relating to
the LGSEF in the GAAs of 1999, 2000 and 2001 and the assailed OCD resolutions (Resolutions Nos. OCD-
99-003, OCD-99-005, OCD-99-006, OCD-2000-023, OCD-2001-029 and OCD-2002-001) issued by the
Oversight Committee pursuant thereto. The petitioner, likewise, prays that the Court direct the
respondents to rectify the unlawful and illegal distribution and releases of the LGSEF for the
aforementioned years and release the same in accordance with the sharing formula under Section 285
of the Local Government Code of 1991. Finally, the petitioner urges the Court to declare that the entire
IRA should be released automatically without further action by the LGUs as required by the Constitution
and the Local Government Code of 1991.

The Respondents' Arguments

The respondents, through the Office of the Solicitor General, urge the Court to dismiss the petition on
procedural and substantive grounds. On the latter, the respondents contend that the assailed provisos in
the GAAs of 1999, 2000 and 2001 and the assailed resolutions issued by the Oversight Committee are
not constitutionally infirm. The respondents advance the view that Section 6, Article X of the
Constitution does not specify that the "just share" of the LGUs shall be determined solely by the Local
Government Code of 1991. Moreover, the phrase "as determined by law" in the same constitutional
provision means that there exists no limitation on the power of Congress to determine what is the "just
share" of the LGUs in the national taxes. In other words, Congress is the arbiter of what should be the
"just share" of the LGUs in the national taxes.

The respondents further theorize that Section 285 of the Local Government Code of 1991, which
provides for the percentage sharing of the IRA among the LGUs, was not intended to be a fixed
determination of their "just share" in the national taxes. Congress may enact other laws, including
appropriations laws such as the GAAs of 1999, 2000 and 2001, providing for a different sharing formula.
Section 285 of the Local Government Code of 1991 was merely intended to be the "default share" of the
LGUs to do away with the need to determine annually by law their "just share." However, the LGUs have
no vested right in a permanent or fixed percentage as Congress may increase or decrease the "just
share" of the LGUs in accordance with what it believes is appropriate for their operation. There is
nothing in the Constitution which prohibits Congress from making such determination through the
appropriations laws. If the provisions of a particular statute, the GAA in this case, are within the
constitutional power of the legislature to enact, they should be sustained whether the courts agree or
not in the wisdom of their enactment.
On procedural grounds, the respondents urge the Court to dismiss the petition outright as the same is
defective. The petition allegedly raises factual issues which should be properly threshed out in the lower
courts, not this Court, not being a trier of facts. Specifically, the petitioner's allegation that there are
portions of the LGSEF that it has not, to date, received, thereby causing it (the petitioner) injury and
damage, is subject to proof and must be substantiated in the proper venue, i.e., the lower courts.

Further, according to the respondents, the petition has already been rendered moot and academic as it
no longer presents a justiciable controversy. The IRAs for the years 1999, 2000 and 2001, have already
been released and the government is now operating under the 2003 budget. In support of this, the
respondents submitted certifications issued by officers of the DBM attesting to the release of the
allocation or shares of the petitioner in the LGSEF for 1999, 2000 and 2001. There is, therefore, nothing
more to prohibit.

Finally, the petitioner allegedly has no legal standing to bring the suit because it has not suffered any
injury. In fact, the petitioner's "just share" has even increased. Pursuant to Section 285 of the Local
Government Code of 1991, the share of the provinces is 23%. OCD Nos. 99-005, 99-006 and 99-003 gave
the provinces 40% of ₱2 billion of the LGSEF. OCD Nos. 2000-023 and 2001-029 apportioned 26% of ₱3.5
billion to the provinces. On the other hand, OCD No. 2001-001 allocated 25% of ₱3 billion to the
provinces. Thus, the petitioner has not suffered any injury in the implementation of the assailed provisos
in the GAAs of 1999, 2000 and 2001 and the OCD resolutions.

The Ruling of the Court Procedural Issues

Before resolving the petition on its merits, the Court shall first rule on the following procedural issues
raised by the respondents: (1) whether the petitioner has legal standing or locus standi to file the
present suit; (2) whether the petition involves factual questions that are properly cognizable by the
lower courts; and (3) whether the issue had been rendered moot and academic.

The petitioner has locus standi to maintain the present suit

The gist of the question of standing is whether a party has "alleged such a personal stake in the outcome
of the controversy as to assure that concrete adverseness which sharpens the presentation of issues
upon which the court so largely depends for illumination of difficult constitutional
questions."9 Accordingly, it has been held that the interest of a party assailing the constitutionality of a
statute must be direct and personal. Such party must be able to show, not only that the law or any
government act is invalid, but also that he has sustained or is in imminent danger of sustaining some
direct injury as a result of its enforcement, and not merely that he suffers thereby in some indefinite
way. It must appear that the person complaining has been or is about to be denied some right or
privilege to which he is lawfully entitled or that he is about to be subjected to some burdens or penalties
by reason of the statute or act complained of.10

The Court holds that the petitioner possesses the requisite standing to maintain the present suit. The
petitioner, a local government unit, seeks relief in order to protect or vindicate an interest of its own, and
of the other LGUs. This interest pertains to the LGUs' share in the national taxes or the IRA. The
petitioner's constitutional claim is, in substance, that the assailed provisos in the GAAs of 1999, 2000 and
2001, and the OCD resolutions contravene Section 6, Article X of the Constitution, mandating the
"automatic release" to the LGUs of their share in the national taxes. Further, the injury that the
petitioner claims to suffer is the diminution of its share in the IRA, as provided under Section 285 of the
Local Government Code of 1991, occasioned by the implementation of the assailed measures. These
allegations are sufficient to grant the petitioner standing to question the validity of the assailed provisos
in the GAAs of 1999, 2000 and 2001, and the OCD resolutions as the petitioner clearly has "a plain, direct
and adequate interest" in the manner and distribution of the IRA among the LGUs.

The petition involves a significant legal issue

The crux of the instant controversy is whether the assailed provisos contained in the GAAs of 1999, 2000
and 2001, and the OCD resolutions infringe the Constitution and the Local Government Code of 1991.
This is undoubtedly a legal question. On the other hand, the following facts are not disputed:

1. The earmarking of five billion pesos of the IRA for the LGSEF in the assailed provisos in the GAAs of
1999, 2000 and re-enacted budget for 2001;

2. The promulgation of the assailed OCD resolutions providing for the allocation schemes covering the
said five billion pesos and the implementing rules and regulations therefor; and

3. The release of the LGSEF to the LGUs only upon their compliance with the implementing rules and
regulations, including the guidelines and mechanisms, prescribed by the Oversight Committee.

Considering that these facts, which are necessary to resolve the legal question now before this Court, are
no longer in issue, the same need not be determined by a trial court.11 In any case, the rule on hierarchy
of courts will not prevent this Court from assuming jurisdiction over the petition. The said rule may be
relaxed when the redress desired cannot be obtained in the appropriate courts or where exceptional and
compelling circumstances justify availment of a remedy within and calling for the exercise of this Court's
primary jurisdiction.12

The crucial legal issue submitted for resolution of this Court entails the proper legal interpretation of
constitutional and statutory provisions. Moreover, the "transcendental importance" of the case, as it
necessarily involves the application of the constitutional principle on local autonomy, cannot be gainsaid.
The nature of the present controversy, therefore, warrants the relaxation by this Court of procedural
rules in order to resolve the case forthwith.

The substantive issue needs to be resolved notwithstanding the supervening events

Granting arguendo that, as contended by the respondents, the resolution of the case had already been
overtaken by supervening events as the IRA, including the LGSEF, for 1999, 2000 and 2001, had already
been released and the government is now operating under a new appropriations law, still, there is
compelling reason for this Court to resolve the substantive issue raised by the instant petition.
Supervening events, whether intended or accidental, cannot prevent the Court from rendering a
decision if there is a grave violation of the Constitution.13 Even in cases where supervening events had
made the cases moot, the Court did not hesitate to resolve the legal or constitutional issues raised to
formulate controlling principles to guide the bench, bar and public.14

Another reason justifying the resolution by this Court of the substantive issue now before it is the rule
that courts will decide a question otherwise moot and academic if it is "capable of repetition, yet
evading review."15 For the GAAs in the coming years may contain provisos similar to those now being
sought to be invalidated, and yet, the question may not be decided before another GAA is enacted. It,
thus, behooves this Court to make a categorical ruling on the substantive issue now.

Substantive Issue

As earlier intimated, the resolution of the substantive legal issue in this case calls for the application of a
most important constitutional policy and principle, that of local autonomy.16 In Article II of the
Constitution, the State has expressly adopted as a policy that:

Section 25. The State shall ensure the autonomy of local governments.

An entire article (Article X) of the Constitution has been devoted to guaranteeing and promoting the
autonomy of LGUs. Section 2 thereof reiterates the State policy in this wise:

Section 2. The territorial and political subdivisions shall enjoy local autonomy.

Consistent with the principle of local autonomy, the Constitution confines the President's power over the
LGUs to one of general supervision.17 This provision has been interpreted to exclude the power of
control. The distinction between the two powers was enunciated in Drilon v. Lim:18

An officer in control lays down the rules in the doing of an act. If they are not followed, he may, in his
discretion, order the act undone or re-done by his subordinate or he may even decide to do it himself.
Supervision does not cover such authority. The supervisor or superintendent merely sees to it that the
rules are followed, but he himself does not lay down such rules, nor does he have the discretion to
modify or replace them. If the rules are not observed, he may order the work done or re-done but only
to conform to the prescribed rules. He may not prescribe his own manner for doing the act. He has no
judgment on this matter except to see to it that the rules are followed.19

The Local Government Code of 199120 was enacted to flesh out the mandate of the Constitution.21 The
State policy on local autonomy is amplified in Section 2 thereof:

Sec. 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.

Guided by these precepts, the Court shall now determine whether the assailed provisos in the GAAs of
1999, 2000 and 2001, earmarking for each corresponding year the amount of five billion pesos of the IRA
for the LGSEF and the OCD resolutions promulgated pursuant thereto, transgress the Constitution and
the Local Government Code of 1991.

The assailed provisos in the GAAs of 1999, 2000 and 2001 and the OCD resolutions violate the
constitutional precept on local autonomy

Section 6, Article X of the Constitution reads:

Sec. 6. Local government units shall have a just share, as determined by law, in the national taxes which
shall be automatically released to them.

When parsed, it would be readily seen that this provision mandates that (1) the LGUs shall have a "just
share" in the national taxes; (2) the "just share" shall be determined by law; and (3) the "just share" shall
be automatically released to the LGUs.

The Local Government Code of 1991, among its salient provisions, underscores the automatic release of
the LGUs' "just share" in this wise:

Sec. 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 further action;

...

Sec. 286. Automatic Release of Shares. (a) The share of each local government unit shall be released,
without need of any further action, directly to the provincial, city, municipal or barangay treasurer, as
the case may be, on a quarterly basis within five (5) days after the end of each quarter, and which shall
not be subject to any lien or holdback that may be imposed by the national government for whatever
purpose.

(b) Nothing in this Chapter shall be understood to diminish the share of local government units under
existing laws.

Webster's Third New International Dictionary defines "automatic" as "involuntary either wholly or to a
major extent so that any activity of the will is largely negligible; of a reflex nature; without volition;
mechanical; like or suggestive of an automaton." Further, the word "automatically" is defined as "in an
automatic manner: without thought or conscious intention." Being "automatic," thus, connotes
something mechanical, spontaneous and perfunctory. As such, the LGUs are not required to perform any
act to receive the "just share" accruing to them from the national coffers. As emphasized by the Local
Government Code of 1991, the "just share" of the LGUs shall be released to them "without need of
further action." Construing Section 286 of the LGC, we held in Pimentel, Jr. v. Aguirre,22 viz:

Section 4 of AO 372 cannot, however, be upheld. A basic feature of local fiscal autonomy is the
automatic release of the shares of LGUs in the National internal revenue. This is mandated by no less
than the Constitution. The Local Government Code specifies further that the release shall be made
directly to the LGU concerned within five (5) days after every quarter of the year and "shall not be
subject to any lien or holdback that may be imposed by the national government for whatever purpose."
As a rule, the term "SHALL" is a word of command that must be given a compulsory meaning. The
provision is, therefore, IMPERATIVE.

Section 4 of AO 372, however, orders the withholding, effective January 1, 1998, of 10 percent of the
LGUs' IRA "pending the assessment and evaluation by the Development Budget Coordinating Committee
of the emerging fiscal situation" in the country. Such withholding clearly contravenes the Constitution
and the law. Although temporary, it is equivalent to a holdback, which means "something held back or
withheld, often temporarily." Hence, the "temporary" nature of the retention by the national
government does not matter. Any retention is prohibited.

In sum, while Section 1 of AO 372 may be upheld as an advisory effected in times of national crisis,
Section 4 thereof has no color of validity at all. The latter provision effectively encroaches on the fiscal
autonomy of local governments. Concededly, the President was well-intentioned in issuing his Order to
withhold the LGUs' IRA, but the rule of law requires that even the best intentions must be carried out
within the parameters of the Constitution and the law. Verily, laudable purposes must be carried out by
legal methods.23

The "just share" of the LGUs is incorporated as the IRA in the appropriations law or GAA enacted by
Congress annually. Under the assailed provisos in the GAAs of 1999, 2000 and 2001, a portion of the IRA
in the amount of five billion pesos was earmarked for the LGSEF, and these provisos imposed the
condition that "such amount shall be released to the local government units subject to the implementing
rules and regulations, including such mechanisms and guidelines for the equitable allocations and
distribution of said fund among local government units subject to the guidelines that may be prescribed
by the Oversight Committee on Devolution." Pursuant thereto, the Oversight Committee, through the
assailed OCD resolutions, apportioned the five billion pesos LGSEF such that:

For 1999

₱2 billion - allocated according to Sec. 285 LGC

₱2 billion - Modified Sharing Formula (Provinces – 40%;

Cities – 20%; Municipalities – 40%)

₱1 billion – projects (LAAP) approved by OCD.24

For 2000

₱3.5 billion – Modified Sharing Formula (Provinces – 26%;

Cities – 23%; Municipalities – 35%; Barangays – 16%);

₱1.5 billion – projects (LAAP) approved by the OCD.25

For 2001

₱3 billion – Modified Sharing Formula (Provinces – 25%;

Cities – 25%; Municipalities – 35%; Barangays – 15%)

₱1.9 billion – priority projects

₱100 million – capability building fund.26

Significantly, the LGSEF could not be released to the LGUs without the Oversight Committee's prior
approval. Further, with respect to the portion of the LGSEF allocated for various projects of the LGUs (₱1
billion for 1999; ₱1.5 billion for 2000 and ₱2 billion for 2001), the Oversight Committee, through the
assailed OCD resolutions, laid down guidelines and mechanisms that the LGUs had to comply with before
they could avail of funds from this portion of the LGSEF. The guidelines required (a) the LGUs to identify
the projects eligible for funding based on the criteria laid down by the Oversight Committee; (b) the
LGUs to submit their project proposals to the DILG for appraisal; (c) the project proposals that passed the
appraisal of the DILG to be submitted to the Oversight Committee for review, evaluation and approval. It
was only upon approval thereof that the Oversight Committee would direct the DBM to release the
funds for the projects.

To the Court's mind, the entire process involving the distribution and release of the LGSEF is
constitutionally impermissible. The LGSEF is part of the IRA or "just share" of the LGUs in the national
taxes. To subject its distribution and release to the vagaries of the implementing rules and regulations,
including the guidelines and mechanisms unilaterally prescribed by the Oversight Committee from time
to time, as sanctioned by the assailed provisos in the GAAs of 1999, 2000 and 2001 and the OCD
resolutions, makes the release not automatic, a flagrant violation of the constitutional and statutory
mandate that the "just share" of the LGUs "shall be automatically released to them." The LGUs are, thus,
placed at the mercy of the Oversight Committee.

Where the law, the Constitution in this case, is clear and unambiguous, it must be taken to mean exactly
what it says, and courts have no choice but to see to it that the mandate is obeyed.27 Moreover, as
correctly posited by the petitioner, the use of the word "shall" connotes a mandatory order. Its use in a
statute denotes an imperative obligation and is inconsistent with the idea of discretion.28

Indeed, the Oversight Committee exercising discretion, even control, over the distribution and release of
a portion of the IRA, the LGSEF, is an anathema to and subversive of the principle of local autonomy as
embodied in the Constitution. Moreover, it finds no statutory basis at all as the Oversight Committee was
created merely to formulate the rules and regulations for the efficient and effective implementation of
the Local Government Code of 1991 to ensure "compliance with the principles of local autonomy as
defined under the Constitution."29 In fact, its creation was placed under the title of "Transitory
Provisions," signifying its ad hoc character. According to Senator Aquilino Q. Pimentel, the principal
author and sponsor of the bill that eventually became Rep. Act No. 7160, the Committee's work was
supposed to be done a year from the approval of the Code, or on October 10, 1992.30 The Oversight
Committee's authority is undoubtedly limited to the implementation of the Local Government Code of
1991, not to supplant or subvert the same. Neither can it exercise control over the IRA, or even a portion
thereof, of the LGUs.

That the automatic release of the IRA was precisely intended to guarantee and promote local autonomy
can be gleaned from the discussion below between Messrs. Jose N. Nolledo and Regalado M.
Maambong, then members of the 1986 Constitutional Commission, to wit:

MR. MAAMBONG. Unfortunately, under Section 198 of the Local Government Code, the existence of
subprovinces is still acknowledged by the law, but the statement of the Gentleman on this point will
have to be taken up probably by the Committee on Legislation. A second point, Mr. Presiding Officer, is
that under Article 2, Section 10 of the 1973 Constitution, we have a provision which states:

The State shall guarantee and promote the autonomy of local government units, especially the barrio, to
insure their fullest development as self-reliant communities.
This provision no longer appears in the present configuration; does this mean that the concept of giving
local autonomy to local governments is no longer adopted as far as this Article is concerned?

MR. NOLLEDO. No. In the report of the Committee on Preamble, National Territory, and Declaration of
Principles, that concept is included and widened upon the initiative of Commissioner Bennagen.

MR. MAAMBONG. Thank you for that.

With regard to Section 6, sources of revenue, the creation of sources as provided by previous law was
"subject to limitations as may be provided by law," but now, we are using the term "subject to such
guidelines as may be fixed by law." In Section 7, mention is made about the "unique, distinct and
exclusive charges and contributions," and in Section 8, we talk about "exclusivity of local taxes and the
share in the national wealth." Incidentally, I was one of the authors of this provision, and I am very
thankful. Does this indicate local autonomy, or was the wording of the law changed to give more
autonomy to the local government units?31

MR. NOLLEDO. Yes. In effect, those words indicate also "decentralization" because local political units
can collect taxes, fees and charges subject merely to guidelines, as recommended by the league of
governors and city mayors, with whom I had a dialogue for almost two hours. They told me that
limitations may be questionable in the sense that Congress may limit and in effect deny the right later
on.

MR. MAAMBONG. Also, this provision on "automatic release of national tax share" points to more local
autonomy. Is this the intention?

MR. NOLLEDO. Yes, the Commissioner is perfectly right.32

The concept of local autonomy was explained in Ganzon v. Court of Appeals33 in this wise:

As the Constitution itself declares, local autonomy 'means a more responsive and accountable local
government structure instituted through a system of decentralization.' The Constitution, as we observed,
does nothing more than to break up the monopoly of the national government over the affairs of local
governments and as put by political adherents, to "liberate the local governments from the imperialism
of Manila." Autonomy, however, is not meant to end the relation of partnership and interdependence
between the central administration and local government units, or otherwise, to usher in a regime of
federalism. The Charter has not taken such a radical step. Local governments, under the Constitution, are
subject to regulation, however limited, and for no other purpose than precisely, albeit paradoxically, to
enhance self-government.

As we observed in one case, decentralization means devolution of national administration – but not
power – to the local levels. Thus:

Now, autonomy is either decentralization of administration or decentralization of power. There is

decentralization of administration when the central government delegates administrative powers to
political subdivisions in order to broaden the base of government power and in the process to make local
governments 'more responsive and accountable' and 'ensure their fullest development as self-reliant
communities and make them more effective partners in the pursuit of national development and social
progress.' At the same time, it relieves the central government of the burden of managing local affairs
and enables it to concentrate on national concerns. The President exercises 'general supervision' over
them, but only to 'ensure that local affairs are administered according to law.' He has no control over
their acts in the sense that he can substitute their judgments with his own.

Decentralization of power, on the other hand, involves an abdication of political power in the [sic] favor
of local governments [sic] units declared to be autonomous. In that case, the autonomous government is
free to chart its own destiny and shape its future with minimum intervention from central authorities.
According to a constitutional author, decentralization of power amounts to 'self-immolation,' since in
that event, the autonomous government becomes accountable not to the central authorities but to its
constituency.34

Local autonomy includes both administrative and fiscal autonomy. The fairly recent case of Pimentel v.
Aguirre35 is particularly instructive. The Court declared therein that local fiscal autonomy includes the
power of the LGUs to, inter alia, allocate their resources in accordance with their own priorities:

Under existing law, local government units, in addition to having administrative autonomy in the exercise
of their functions, enjoy fiscal autonomy as well. Fiscal autonomy means that local governments have
the power to create their own sources of revenue in addition to their equitable share in the national
taxes released by the national government, as well as the power to allocate their resources in
accordance with their own priorities. It extends to the preparation of their budgets, and local officials in
turn have to work within the constraints thereof. They are not formulated at the national level and
imposed on local governments, whether they are relevant to local needs and resources or not ...36

Further, a basic feature of local fiscal autonomy is the constitutionally mandated automatic release of
the shares of LGUs in the national internal revenue.37

Following this ratiocination, the Court in Pimentel struck down as unconstitutional Section 4 of
Administrative Order (A.O.) No. 372 which ordered the withholding, effective January 1, 1998, of ten
percent of the LGUs' IRA "pending the assessment and evaluation by the Development Budget
Coordinating Committee of the emerging fiscal situation."

In like manner, the assailed provisos in the GAAs of 1999, 2000 and 2001, and the OCD resolutions
constitute a "withholding" of a portion of the IRA. They put on hold the distribution and release of the
five billion pesos LGSEF and subject the same to the implementing rules and regulations, including the
guidelines and mechanisms prescribed by the Oversight Committee from time to time. Like Section 4 of
A.O. 372, the assailed provisos in the GAAs of 1999, 2000 and 2001 and the OCD resolutions effectively
encroach on the fiscal autonomy enjoyed by the LGUs and must be struck down. They cannot, therefore,
be upheld.

The assailed provisos in the GAAs of 1999, 2000

and 2001 and the OCD resolutions cannot amend

Section 285 of the Local Government Code of 1991

Section 28438 of the Local Government Code provides that, beginning the third year of its effectivity, the
LGUs' share in the national internal revenue taxes shall be 40%. This percentage is fixed and may not be
reduced except "in the event the national government incurs an unmanageable public sector deficit" and
only upon compliance with stringent requirements set forth in the same section:
Sec. 284. ...

Provided, That in the event that the national government incurs an unmanageable public sector deficit,
the President of the Philippines is hereby authorized, upon recommendation of Secretary of Finance,
Secretary of Interior and Local Government and Secretary of Budget and Management, and subject to
consultation with the presiding officers of both Houses of Congress and the presidents of the liga, to
make the necessary adjustments in the internal revenue allotment of local government units but in no
case shall the allotment be less than thirty percent (30%) of the collection of the national internal
revenue taxes of the third fiscal year preceding the current fiscal year; Provided, further That in the first
year of the effectivity of this Code, the local government units shall, in addition to the thirty percent
(30%) internal revenue allotment which shall include the cost of devolved functions for essential public
services, be entitled to receive the amount equivalent to the cost of devolved personnel services.

Thus, from the above provision, the only possible exception to the mandatory automatic release of the
LGUs' IRA is if the national internal revenue collections for the current fiscal year is less than 40 percent
of the collections of the preceding third fiscal year, in which case what should be automatically released
shall be a proportionate amount of the collections for the current fiscal year. The adjustment may even
be made on a quarterly basis depending on the actual collections of national internal revenue taxes for
the quarter of the current fiscal year. In the instant case, however, there is no allegation that the national
internal revenue tax collections for the fiscal years 1999, 2000 and 2001 have fallen compared to the
preceding three fiscal years.

Section 285 then specifies how the IRA shall be allocated among the LGUs:

Sec. 285. Allocation to Local Government Units. – The share of local government units in the internal
revenue allotment shall be allocated in the following manner:

(a) Provinces – Twenty-three (23%)

(b) Cities – Twenty-three percent (23%);

(c) Municipalities – Thirty-four (34%); and

(d) Barangays – Twenty percent (20%).

However, this percentage sharing is not followed with respect to the five billion pesos LGSEF as the
assailed OCD resolutions, implementing the assailed provisos in the GAAs of 1999, 2000 and 2001,
provided for a different sharing scheme. For example, for 1999, ₱2 billion of the LGSEF was allocated as
follows: Provinces – 40%; Cities – 20%; Municipalities – 40%.39 For 2000, ₱3.5 billion of the LGSEF was
allocated in this manner: Provinces – 26%; Cities – 23%; Municipalities – 35%; Barangays – 26%.40 For
2001, ₱3 billion of the LGSEF was allocated, thus: Provinces – 25%; Cities – 25%; Municipalities – 35%;
Barangays – 15%.41

The respondents argue that this modification is allowed since the Constitution does not specify that the
"just share" of the LGUs shall only be determined by the Local Government Code of 1991. That it is
within the power of Congress to enact other laws, including the GAAs, to increase or decrease the "just
share" of the LGUs. This contention is untenable. The Local Government Code of 1991 is a substantive
law. And while it is conceded that Congress may amend any of the provisions therein, it may not do so
through appropriations laws or GAAs. Any amendment to the Local Government Code of 1991 should be
done in a separate law, not in the appropriations law, because Congress cannot include in a general
appropriation bill matters that should be more properly enacted in a separate legislation.42

A general appropriations bill is a special type of legislation, whose content is limited to specified sums of
money dedicated to a specific purpose or a separate fiscal unit.43 Any provision therein which is intended
to amend another law is considered an "inappropriate provision." The category of "inappropriate
provisions" includes unconstitutional provisions and provisions which are intended to amend other laws,
because clearly these kinds of laws have no place in an appropriations bill.44

Increasing or decreasing the IRA of the LGUs or modifying their percentage sharing therein, which are
fixed in the Local Government Code of 1991, are matters of general and substantive law. To permit
Congress to undertake these amendments through the GAAs, as the respondents contend, would be to
give Congress the unbridled authority to unduly infringe the fiscal autonomy of the LGUs, and thus put
the same in jeopardy every year. This, the Court cannot sanction.

It is relevant to point out at this juncture that, unlike those of 1999, 2000 and 2001, the GAAs of 2002
and 2003 do not contain provisos similar to the herein assailed provisos. In other words, the GAAs of
2002 and 2003 have not earmarked any amount of the IRA for the LGSEF. Congress had perhaps seen fit
to discontinue the practice as it recognizes its infirmity. Nonetheless, as earlier mentioned, this Court has
deemed it necessary to make a definitive ruling on the matter in order to prevent its recurrence in future
appropriations laws and that the principles enunciated herein would serve to guide the bench, bar and
public.

Conclusion

In closing, it is well to note that the principle of local autonomy, while concededly expounded in greater
detail in the present Constitution, dates back to the turn of the century when President William
McKinley, in his Instructions to the Second Philippine Commission dated April 7, 1900, ordered the new
Government "to devote their attention in the first instance to the establishment of municipal
governments in which the natives of the Islands, both in the cities and in the rural communities, shall be
afforded the opportunity to manage their own affairs to the fullest extent of which they are capable, and
subject to the least degree of supervision and control in which a careful study of their capacities and
observation of the workings of native control show to be consistent with the maintenance of law, order
and loyalty."45 While the 1935 Constitution had no specific article on local autonomy, nonetheless, it
limited the executive power over local governments to "general supervision ... as may be provided by
law."46 Subsequently, the 1973 Constitution explicitly stated that "[t]he State shall guarantee and
promote the autonomy of local government units, especially the barangay to ensure their fullest
development as self-reliant communities."47 An entire article on Local Government was incorporated
therein. The present Constitution, as earlier opined, has broadened the principle of local autonomy. The
14 sections in Article X thereof markedly increased the powers of the local governments in order to
accomplish the goal of a more meaningful local autonomy.

Indeed, the value of local governments as institutions of democracy is measured by the degree of
autonomy that they enjoy.48 As eloquently put by

M. De Tocqueville, a distinguished French political writer, "[l]ocal assemblies of citizens constitute the
strength of free nations. Township meetings are to liberty what primary schools are to science; they
bring it within the people's reach; they teach men how to use and enjoy it. A nation may establish a
system of free governments but without the spirit of municipal institutions, it cannot have the spirit of
liberty."49

Our national officials should not only comply with the constitutional provisions on local autonomy but
should also appreciate the spirit and liberty upon which these provisions are based.50

WHEREFORE, the petition is GRANTED. The assailed provisos in the General Appropriations Acts of 1999,
2000 and 2001, and the assailed OCD Resolutions, are declared UNCONSTITUTIONAL.

SO ORDERED.

b. brief history of local government of the Philippines

FIRST DIVISION

[G.R. No. L-5631. October 17, 1910. ]

THE MUNICIPALITY OF CATBALOGAN, Petitioner-Appellee, v. THE DIRECTOR OF LANDS, opponent

and, Appellant.

Attorney-General Villamor, for Appellant.

Provincial fiscal Barrios, for Appellee.

SYLLABUS

1. ESTABLISHMENT OF PUEBLOS AND MUNICIPALITIES UNDER SPANISH LAW. — For the organization of
new pueblos in these Islands, especially in ancient times subsequent to the occupation of the
Archipelago by the Spaniards, it devolved upon the chief administrative authority of the province, in
representation of the Governor-General and in conformity with the provisions of the Laws of the
Indies, royal cedulas, and ordinances on good government subsequently promulgated, to designate
the territory wherein they were to be established and extended, the metes and bounds of such
territory, and, before proceeding to effect the apportionment of lots and lands among its new settlers,
a site in the center thereof for the location of the public square of the pueblo, and the places where
the church and the public buildings, among them the casa real or municipal court-house, were to be
erected. It was also his duty to lay out the streets and roads which were to intersect the new town,
and to designate the lands which were to belong exclusively to the municipality, and others that
should have the character of common lands (terreno comunal), exido, and pasture lands for the
grazing of stock.

2. ID.; PROPERTY ACQUIRED BY MUNICIPALITIES; OWNERSHIP. — In accordance with the legal

provisions above-mentioned, the inhabitants of the new town were obliged to construct the municipal
building on the land previously designated by the chief authority of the province, which was awarded
to it as its won, and to assist in building the church, no less indispensable than the municipal court-
house, and later the school. It must be understood that these lands were awarded to the church as its
own for the purposes of worship; and to the municipality for the municipal building and the school, as
real property of the common and exclusive ownership of the pueblo before the establishment of the
municipality, and to the latter upon its organization, for such organization imposed the necessity of
the appropriation of lots suitable for the erection thereon of the church and the court-house, in
accordance with the provisions prescribed in those remote times by the Laws of the Indies.

3. ID.; ID.; ID.; PRESCRIPTION UNNECESSARY WHEN THE GRANT IS MADE. — Under the supposition
that, on the establishment of the pueblo, the necessary land whereon to erect the municipal court-
house and the church to be used for the purposes of worship had to be awarded to the community
thereof or to the municipality, it follows that the land thus awarded is the municipality’s own land and
is held by it as owner. It has no need to avail itself of prescription, for it has a title identical with that
enjoyed by the church to the land occupied for the purposes of worship and that held by a newly
created pueblo for the lawful occupation of the territory where it is as present established.

4. ID.; ID.; ID.; RIGHT OF MUNICIPALITIES TO ACQUIRE PROPERTY. — If a municipality, as a juridical

person susceptible of rights and duties, can acquire all kinds of property such as that termed propios
and patrimoniales, it undoubtedly merits the designation of owner with respect to the property which
may have been awarded to it as its own.

5. ID.; ID.; ID.; LAWS NOT APPLICABLE. — In the matter of property exclusively belonging to a
municipality, law 8, title 3, book 6, of the Recompilation of the Laws of the Indies, and the later
provisions relative to the lands intended for commons, as also the doctrine established in the decision
of The City of Manila v. The Insular Government (10 Phil. Rep., 327) are not applicable thereto.

DECISION

TORRES, J.:

On June 19, 1908, the municipal president of the pueblo of Catbalogan, Province of Samar, filed, in the
name of the municipality, an application with the Court of Land Registration in which he asked for the
registration, in conformity with the Land Registration Act, of a parcel of land of which the said
municipality was the absolute owner, bounded on the north by calle Corto south of the church square,
on the east by Second Avenue, on the south by land belonging to Smith, Bell & Co., and on the west by
First Avenue; the application states that the said land has an area of 666.00 square meters and its
description and boundaries are given in detail in the map attached to the application, which sets forth
that the property described was appraised at the last assessment levied for the purpose of the
payment of the land tax, and that there is no encumbrance on it; that no one other than the applicant,
to the latter’s best knowledge and belief, has any right or interest therein; that the said land was
acquired by possession and material occupation for a large number of years and is at present occupied
by the applicant as a municipal corporation duly organized; and that, in the unlikely event of the
denial of the said application, made in accordance with the Land Registration Act, the applicant
invokes the benefits of chapter 6 of Act No. 926 since the said corporation has been in possession of
the land mentioned, which is entirely surrounded by a fence, and has been cultivating it for a great
many years.

On March 18, 1909, the Attorney-General, in representation of the Director of Lands, filed a writing
opposing the registration solicited and alleged that the land in question belonged to the United States
and was under the control of the Government of the Philippine Islands. He asked that the applicant’s
prayer be denied and that, in case the said property should be declared to belong to the Insular
Government, the same be awarded to it, together with the issuance thereto of the proper certificate
of registration.

The case having been heard on March 22, 23, and 24, 1909, and oral evidence adduced by both
parties, the judge, on the 24th of the said month, overruled the opposition of the Director of Lands,
and decreed, after a declaration of general default, that the property in question be awarded to the
applicant, the municipality of Catbalogan, and be registered in its name. The Attorney-General, in
representation of the Director of Lands, excepted to this ruling and announced his purpose of filing a
bill of exceptions. He asked at the same time for a new trial on the grounds that the findings of fact of
the court were openly and manifestly contrary to the weight of the evidence, and that the latter did
not justify the said decision which, he alleged, was contrary to law. This motion was denied and
exception was taken thereto by the Attorney-General, who duly presented the required bill of
exceptions which was certified and forwarded to this court.

The question submitted to the decision of this court, through the appeal raised by the Attorney-
General in representation of the Director of Lands, is whether the lot occupied by the court-house of
the municipality of Catbalogan, of the Island and Province of Samar, belongs to the said municipality
or is state land under the control of the Insular Government.

In order to obtain a better understanding of the final conclusion to be established in this decision, it is
meet to state: That for the purpose of the establishment of new pueblos in this Archipelago, at the
beginning of its occupation by the Spaniards, an endeavor was always made to find, in favorable
places, a nucleus of inhabitants and, later, near the pueblos already established, barrios, which
ordinarily served as a basis for the formation of other new pueblos that became as populated as the
centers on which they were dependent.

The executive authorities and other officials who then represented the Spanish Government in these
Islands were obliged to adjust their procedure, in the fulfillment of their duties with regard to the
establishment and laying out of new towns, to the Laws of the Indies, which determined the course
that they were to pursue for such purposes, as may be seen by the following:chanrob1es virtual 1aw
library

Law 6, title 5, book 4, of the Recompilation of the Laws of the Indies, provides, among other
things:jgc:chanrobles.com.ph

"That within the boundaries which may be assigned to it, there must be at least thirty residents, and
each one of them must have a house," etc.

Law 7 of the same title and book contains this provision:jgc:chanrobles.com.ph

"Whoever wishes to undertake to establish a new town in the manner provided for, of not more than
thirty nor less than ten residents, shall be granted the time and territory necessary for the purpose
and under the same conditions."cralaw virtua1aw library

It may be affirmed that years afterwards all the modern pueblos of the Archipelago were formed by
taking as a basis for their establishment the barrios already populated by a large number of residents
who, under the agreement to build the church of the new pueblo, the court-house and afterwards the
schoolhouse, obtained from the General Government the administrative the separation of their barrio
from the pueblo on which it depended and in whose territory it was previously comprised. In such
cases procedure analogous to that prescribed by the Laws of the Indies was observed.

For the establishment, then, of new pueblos, the administrative authority of the province, in
representation of the Governor-General, designated the territory for their location and extension and
the metes and bounds of the same; and before the allotting the lands among the new settlers, a
special demarcation was made of the places which were to serve as the public square of the pueblo,
for the erection of the church, and as sites for the public buildings, among others, the municipal
building or the Casa Real, as well as of the lands which were to constitute the commons, pastures, and
propios of the municipality and the streets and roads which were to intersect the new town were laid
out, as may be seen by the following laws:chanrob1es virtual 1aw library

Law 7, title 7, book 4, of the Recompilation of the Laws of the Indies, provides:jgc:chanrobles.com.ph

"The district or territory to be given for settlement by composition shall be allotted in the following
manner: There shall first be set apart the portion required for the lots of the pueblo, the exido or
public lands, and pastures amply sufficient for the stock which the residents may have, and as much
more as propios del lugar or common lands of the locality; the rest of the territory and district shall be
divided into four parts — one of them, of his choice, shall be for him who takes upon himself the
obligation to found the pueblo, and the other three shall be apportioned equally among the
settlers."cralaw virtua1aw library

Law 8, of the same title and book, prescribes, among other things:jgc:chanrobles.com.ph

"That, between the main square and the church, there shall be constructed the casas reales or
municipal buildings, the cabildo, concejo, customs buildings," etc.

Law 14 of the said title and book, also directs among other things:jgc:chanrobles.com.ph
"That the viceroys shall have set aside such lands as to them appear suitable as the common lands
(propios) of the pueblos that have none, therewith to assist in the payment of the salaries of the
corregidores, and sufficient public lands (exidos) and pasture lands as provided for and prescribed by
law."cralaw virtua1aw library

Law 1, title 13 of the aforesaid book, provides the following:jgc:chanrobles.com.ph

"Such viceroys and governors as have due authority shall designate to each villa and lugar newly
founded and settled the lands and lots which they may need and may be given to them, without
detriment to a third party, as propios, and a statement shall be sent to us what was designated and
given to each, in order that we may have such action approved."cralaw virtua1aw library

The municipality of Catbalogan, as the provincial seat of Samar, must have been the first and oldest
pueblo established in the said province and has been occupying, if not since time immemorial, as
affirmed in the application, at least for a long period of years, some forty or forty-five years according
to the evidence given at trial, the lot in litigation on which it had built the successive court-house
buildings constructed for the public service of the head municipal authority and his council. Some of
these buildings were burned and others were ruined by typhoons. The court-house building aforesaid
has been used and enjoyed quietly and peaceably and without any opposition up to the present time,
wherefore it is to be presumed that, on founding the pueblo and on proceeding to designate and
demarcate the area of land to be occupied by the town of Catbalogan, with its square, streets, church,
and other public buildings, the said lot was also designated as a site for the municipal or court
building, in accordance with the laws hereinbefore mentioned, and that the adjudication of the lot to
the municipality for its court-house was duly confirmed by the Spanish Government, as must be
inferred, in view of the continuous possession for so long a time up the present; nor does the record
show that the court-house of the said pueblo was ever built on any other lot than the one in question.

It is to be noted that, in former times, the court-house buildings of the pueblos were called casas
reales (royal buildings), undoubtedly for the purpose of giving greater dignity to the principle of
authority represented in them and inculcating respect among the inhabitants of the pueblo toward
the building where the chief local authority exercised his governmental duties and at the same time
administered justice, for the old pedaneos or petty mayors, later called capitanes or gobernadorcillos,
while they had governmental powers, at the same time administered justice as local judges.

In paragraph 92 of the royal ordinances of February 26, 1768, the following appears, among other
things:jgc:chanrobles.com.ph

"And because, while there is a notable excess of pomp in the buildings of the ministers and parish
priests, there is, on the other hand, great abandonment of the casas reales which, as a general rule,
are not habitable, on account of their uncomfortable and ruinous conditions, etc. . . it is ordered that
in all the pueblos, and especially in those of the seats of government, the native inhabitants thereof
shall erect decent and convenient municipal buildings modeled after the plans to be furnished by the
central government, and that therein the gobernadorcillos shall have their court rooms and their jails
for the security of prisoners, and all leaks and other damages shall be repaired in time in order that,
through neglect they may not cause greater detriment and expense."cralaw virtua1aw library

If the inhabitants of a pueblo, at the time of its foundation, were obliged to erect their casa real or
municipal building, it is to be supposed that they built it on their own ground after a designation of
the site had been made by the governmental authority of the province — a designation which had to
be made, according to the Laws of the Indies, at the same time as that of the main plaza and of the
site to be occupied by the temple or church, which latter building is so necessary and indispensable for
every pueblo as well as the casa real or court-house, since in them, respectively, divine worship is had
and the local authorities perform their duties. The land designated for the church is considered to
belong thereto, and likewise the intended for the court-house should be deemed to be the property of
the pueblo, awarded to it for the public uses of the municipality, since no pueblo was able to exist
administratively without having a church of its own and a court-house which should be the seat of its
local authority and its municipal government.

It should be remembered that the court-house and the church of every pueblo were always built, in
accordance with the provisions of the Laws of the Indies, on one of the sides of the plaza mayor or
main square of the town, either together or the same side, or each building on an opposite side; but
the said square nearly always occupies a central site within the territory of the pueblo, with the
frequent exception of where the town has extended toward only one end or side of the territory, in
which extent its main square ceased to be in the center of the town. However, the said square was
never located outside of the inhabited place, as were the commons and pasturages. (Law 13, title 7,
book 4, Recompilation of the Laws of the Indies.)

It is of course to be presumed, in accordance with the provisions of the laws aforementioned, that the
main square of the pueblo of Catbalogan occupies nearly the central part of its territory, and that the
lot on which were successively constructed the several court-houses which the said pueblo has had, is
situated on one of the sides of the said square and consequently in a central point and not outside the
town. It can not, however, on account of this circumstance, be concluded that the said lot formed a
part of the commons, exido, or the pasturage lands of the said pueblo, but consisted of land which
belonged to the pueblo and was legally acquired through the distribution and adjudication of lots
made at the beginning of its foundation, as proved by the laws hereinbefore quoted.

In technical administrative terms bienes propios are: Cultivated real properties, pasturages, houses or
any other property which a city, village, or hamlet has for the payment of the public expenses. The
administration of this class of property lay with the municipalities, and they could be alienated after
proper procedure and authorization of the competent superior authorities in accordance with the
administrative laws.

It is therefore unquestionable that the assets of each pueblo comprises its bienes propios and the
revenues or products derived therefrom, and this fact is recognized in the Ordenanza de Intendentes
of 1786, the forty-seventh article of which reads:jgc:chanrobles.com.ph

"The funds which any pueblo may have left over as an annual surplus from the products of its property
and its taxes, after meeting the expenses specified in its own particular ordinance, shall be invested in
the purchase of real estate and revenue-bearing investments, so that, having a sufficient income for
the payment of its obligations and to aid in defraying its ordinary needs, the excise taxes, which are
always a burden to the public, may be abolished; and in case it should have no such taxes, nor
annuities to redeem on its common properties (propios), the said surplus shall be applied to promote
establishments useful to the pueblo and to its province, or by investments to be previously proposed
by the intendentes and approved by the junta superior."cralaw virtua1aw library

From the foregoing it is concluded that the land in question is the common property of the pueblo and
is comprised within the patrimonial property of the municipality of Catbalogan, to which is was
awarded for the construction thereon of the court-house, on the demarcation and distribution being
made of the lands which were to be occupied by the town in its development, in accordance with the
provisions of the Laws of the Indies, and other complementary laws, at a time when there was an
excess of land and few inhabitants to occupy them. It was for this reason that the royal cedula of
October 15, 1754, directed that neither the possessors of unappropriated crown lands, nor their
successors in interest, should be disturbed or denounced, although they had no titles, it being
sufficient for them to prove their prior possession to obtain a title by just prescription.

The said municipality is today in possession of the land in litigation, as the owner thereof, under the
protection of the civil and administrative laws which guarantee the right of ownership of the
corporations that are capable of contracting, acquiring, and possessing real and personal property.

Article 343 of the Civil code reads:jgc:chanrobles.com.ph

"The property of provinces and of towns is divided into property for public use and patrimonial
property."cralaw virtua1aw library

Article 344 of the same code prescribes:jgc:chanrobles.com.ph

"Property for public use in provinces and in towns comprises the provincial and town roads, the
squares, streets, fountains, and public waters, the promenades, and public works of general service
supported by the said towns or provinces.

"All other property possessed by either is patrimonial, and shall be governed by the provisions of this
code, unless otherwise prescribed in special laws."cralaw virtua1aw library

Section 2 of Act No. 82, entitled "The Municipal Code," is as follows:jgc:chanrobles.com.ph

"(a) Pueblos incorporated under this Act shall be designated as municipalities (municipios), and shall
be known respectively by the heretofore adopted. Under such names they may sue and be sued,
contract and be contracted with, acquire and hold real and personal property for the general interests
of the municipality, and exercise all the powers hereinafter conferred upon them.

"(b) All property and property rights vested in any pueblo under its former organization shall continue
to be vested in the same municipality after its incorporation under this Act."cralaw virtua1aw library
By this last-cited administrative Act the rights of the old municipalities to acquire real and personal
property, in accordance with their former organization, are recognized, and it is declared that the said
property and rights shall continue to pertain to the municipalities created in harmony with the
provisions of the Municipal Code, on account of such property being the patrimonial property of the
municipalities.

Under these principles, perfectly in accord with both the old and the mother legislation of this
country, the municipality of Catbalogan ought to be considered as the owner of the land in question,
on account of the same having been awarded to it as its own, under its exclusive ownership, on the
founding of the pueblo, for the erection of the courthouse, the record of the case showing no proof
nor data to the contrary. As the plaintiff municipality, the applicant, has been occupying the property
on which its court-house is situated during such a long space of time, much longer than that required
for extraordinary prescription (art. 1959 of the Civil Code), it can not be denied that the presumption
exists, in its favor that it has been holding the land in its character of owner, since the trial record
exhibits no proof that any other parcel of land, distinct from that in controversy, was awarded to the
said municipality for the erection thereon of its court-house, a a court-house and the land on which to
build it being necessary and indispensable for the existence of the pueblo.

The title under which the municipality of Catbalogan holds and enjoys the said lot is the same as that
under which it is recognized as a pueblo and under which the municipality is justified in its present
occupancy of the territory where the town is established with its streets, squares, and common lands
(terreno comunal), a title identical with that now held by the church, as a religious institution, to the
land now occupied by the temple that exists in the said pueblo.

At the time of the beginning of the foundation of the pueblo mentioned and of the distribution or
allotment of the Laws of the Indies, must have numbered at least thirty men with their respective
families, for the purpose of founding a pueblo, perhaps none of them was provided with any particular
title to accredit the fact that this or that parcel of land had fallen to him in the allotment. Possibly the
facts pertaining to the distribution of the lands were entered in the record kept of the organization of
the pueblo, if one such was made, for it must be remembered that, in ancient times and up to the
years immediately preceding the beginning of the nineteenth century, fewer records were made than
in modern times, and, besides, the Laws of the Indies themselves recommended that, in
administrative proceedings, the institution of suits should be avoided in so far as possible where
verbal information and investigations could be had to enable proper action to be taken.

Besides the reasons hereinabove noted, there is that of the continuous and constant renovation of the
personnel which composed the officials of a municipality in the Philippines, for the pedaneo or
governadorcillo, his tenientes, judges, and other subordinates were first chosen and appointed
annually, and later every two years; and, although in the beginning the capitan pedaneo of the pueblo
may have had in his possession the record of the necessary concession and award of the land on which
the court-house was built, and that of the pueblo of Catbalogan was constructed of stone, it would in
nowise be strange that, in spite of the zeal and diligence which may have been exercised by his many
successors, the said record or title should have disappeared or been destroyed in the case of
Catbalogan, during the lapse of so long a time; indeed, it would be marvelous and extraordinary that
such a document should exist, intrusted to the more or less diligent care of so many municipal officials
who, at the most, occupied their offices but two years. It is certain, however, that the successive court-
houses which the said pueblo has had have occupied the land in which the said pueblo has had have
occupied the land in question without opposition on the part of anyone, or of the state, and including
the building which served as a court-house, together with the land on which it is built, as one of the
properties which form the assets of the pueblo of Catbalogan, as they should be classed, it is
incontrovertible that the right of the said municipality therein must be respected, as the right of
ownership is consecrated and sanctioned by the laws of every civilized country in the interest and for
the benefit of society, public order, and civilization itself.

As has been shown in the preceding paragraphs, the land in litigation, which is a lot occupied by the
court-house, anciently termed the casa real, of the pueblo of Catbalogan, pertains to the said pueblo,
awarded to the same, not gratuitously, but on account of the necessity arising from its organization,
and forms a part, as a patrimonial property, of its municipal assets, and therefore it is not comprised
within the common land (terreno comunal) which may been granted to the said pueblo. Law 8, title 3,
book 6 of the Recompilation of the Laws of the Indies, is not applicable to the question at issue with
respect to the said land or lot, nor are the provisions of article 53 of the ordinances of good
government, before cited, of February 26, 1768, nor the subsequent royal decrees of February 28,
August 1, 1883, and of January 17, 1885, relative to the legua or terreno comunal; and, consequently,
the doctrine laid down in the decision rendered in the case of The City of Manila v. The Insular
Government (10 Phil. Rep., 327) is likewise inapplicable, for the reason that the land in dispute is not
that of a common, but of a building lot of which the pueblo of Catbalogan had absolute need at the
beginning of its organization for the erection thereon of its court-house. This was duly proved at trial,
without possible contradiction.

Notwithstanding the number of years during which the municipality of Catbalogan has been in
possession of the lot, once it has been shown by unquestionable evidence that the property was
assigned to it as its own, in order that it might erect its court-house thereon, as it did do at the
beginning of its foundation, and its possession of the said land not being by mere unlawful
occupation, the municipality has no need to rely upon the right of prescription, although, being
entitled to acquire and possess property in the character of owner, according to its organic law, it is
not understood why it could not acquire such right by prescription in accordance with law, it being, as
it is, a juridical person susceptible of rights and duties.

The present case has nothing to do with any contract made by the old municipality of Catbalogan, nor
administrative acts or procedure of the applicant herein, but relates to its right of ownership in a
parcel of land vested with the character of bien propio of its own, or patrimonial property; for which
reason the doctrine established in the decision rendered in the case of Aguado v. The City of Manila (9
Phil. Rep., 513) is also inapplicable, inasmuch as the said municipality, in the exercise of the right of
ownership in its own property, has an independent personality of its own, recognized by law, and does
not act as a mere delegate of the central authority.

For the foregoing reasons, and considering that the municipality of Catbalogan is the owner of the
land occupied by its court-house and that it is entitled to have the said property registered in its name
in the Court of Land Registration, it is proper, in our opinion, to affirm and we hereby affirm the
judgment appealed from in its present form.

Arellano, C.J., Moreland and Trent, JJ., concur.

G.R. No. L-7708 May 30, 1955

JOSE MONDANO, petitioner,

vs.
FERNANDO SILVOSA, Provincial Governor of Surigao, JOSE ARREZA and OLIMPIO EPIS, Members of the
Provincial Board, respondents.

D. Avila and C. H. Lozada for petitioner.

Olimpio R. Epis in his own behalf and for his co-respondents.

PADILLA, J.:

The petitioner is the duly elected and qualified mayor of the municipality of Mainit, province of Surigao.
On 27 February 1954 Consolacion Vda. de Mosende filed a sworn complaint with the Presidential
Complaints and Action Committee accusing him of (1) rape committed on her daughter Caridad
Mosende; and (2) concubinage for cohabiting with her daughter in a place other than the conjugal
dwelling. On 6 March the Assistant Executive Secretary indorsed the complaint to the respondent
provincial governor for immediate investigation, appropriate action and report. On 10 April the
petitioner appeared before the provincial governor in obedience to his summons and was served with a
copy of the complaint filed by the provincial governor with provincial board. On the same day, the
provincial governor issued Administrative Order No. 8 suspending the petitioner from office. Thereafter,
the Provincial Board proceeded to hear the charges preferred against the petitioner over his objection.

The petitioner prays for a writ of prohibition with preliminary injunction to enjoin the respondents from
further proceeding with the hearing of the administrative case against him and for a declaration that the
order of suspension issued by the respondent provincial governor is illegal and without legal effect.

On 4 May 1954 the writ of preliminary injunction prayed for was issued after filing and approval of a
bond for P500.

The answer of the respondents admits the facts alleged in the petition except those that are inferences
and conclusions of law and invokes the provisions of section 79 (c)of the Revised Administrative Code
which clothes the department head with "direct control, direction, and supervision over all bureaus and
offices under his jurisdiction . . ." and to that end "may order the investigation of any act or conduct of
any person in the service of any bureau or office under his Department and in connection therewith may
appoint a committee or designate an official or person who shall conduct such investigations; . . ."and
the rule in the case of Villena vs. Secretary of Interior, 67 Phil. 452, which upheld "the power of the
Secretary of Interior to conduct at its own initiative investigation of charges against local elective
municipal officials and to suspend them preventively," on the board proposition "that under the
presidential type of government which we have adopted and considering the departmental organization
established and continued in force by paragraph 1, section 11, Article VII, of our Constitution, all
executive and administrative organizations are adjuncts of the Executive Departments, the heads of the
various executive departments are assistants and agents of the Chief Executive."

The executive departments of the Government of the Philippines created and organized before the
approval of the Constitution continued to exist as "authorized by law until the Congress shall provide
otherwise."1 Section 10, paragraph 1, Article VII, of the Constitution provides: "The President shall have
control of all the executive departments, bureaus, or offices, exercise general supervision over all local
governments as may be provided by law, and take care that the laws be faithfully executed." Under this
constitutional provision the President has been invested with the power of control of all the executive
departments, bureaus, or offices, but not of all local governments over which he has been granted only
the power of general supervision as may be provided by law. The Department head as agent of the
President has direct control and supervision over all bureaus and offices under his jurisdiction as
provided for in section 79 (c) of the Revised Administrative Code, but he does not have the same control
of local governments as that exercised by him over bureaus and offices under his jurisdiction. Likewise,
his authority to order the investigation of any act or conduct of any person in the service of any bureau
or office under his department is confined to bureaus or offices under his jurisdiction and does not
extend to local governments over which, as already stated, the President exercises only general
supervision as may be provided by law. If the provisions of section 79 (c) of the Revised Administrative
Code are to be construed as conferring upon the corresponding department head direct control,
direction, and supervision over all local governments and that for the reason he may order the
investigation of an official of a local government for malfeasance in office, such interpretation would be
contrary to the provisions of paragraph 1, section 10, Article VII, of the Constitution. If "general
supervision over all local governments" is to be construedas the same power granted to the Department
Head in section 79 (c) of the Revised Administrative Code, then there would no longer be a distinction or
difference between the power of control and that of supervision. In administrative law supervision
means overseeing or the power or authority of an officer to see that subordinate officers perform their
duties. If the latter fail or neglect to fulfill them the former may take such action or step as prescribed by
law to make them perform their duties. Control, on the other hand, means the power of an officer to
alter or modify or nullify or set aside what a subordinate officer had done in the performance of his
duties and to substitute the judgment of the former for that of the latter. Such is the import of the
provisions of section 79 (c) of the Revised Administrative Code and 37 of Act No. 4007. The Congress has
expressly and specifically lodged the provincial supervision over municipal officials in the provincial
governor who is authorized to "receive and investigate complaints made under oath against municipal
officers for neglect of duty, oppression, corruption or other form of maladministration of office, and
conviction by final judgment of any crime involving moral turpitude."2 And if the charges are serious, "he
shall submit written charges touching the matter to the provincial board, furnishing a copy of such
charges to the accused either personally or by registered mail, and he may in such case suspend the
officer (not being the municipal treasurer) pending action by the board, if in his opinion the charge be
one affecting the official integrity of the officer in question." 3 Section 86 of the Revised Administrative
Code adds nothing to the power of supervision to be exercised by the Department Head over the
administration of . . . municipalities . . .. If it be construed that it does and such additional power is the
same authority as that vested in the Department Head by section 79 (c) of the Revised Administrative
Code, then such additional power must be deemed to have been abrogated by section 10 (1), Article VII,
of the Constitution.
In Lacson vs. Roque, 49 Off. Gaz. 93, this Court held that the power of the President to remove officials
from office as provided for in section 64 (b) of the Revised Administrative Code must be done
"conformably to law;" and only for disloyalty to the Republic of the Philippines he "may at any time
remove a person from any position of trust or authority under the Government of the (Philippine
Islands) Philippines." Again, this power of removal must be exercised conformably to law.

In the indorsement to the provincial governor the Assistant Executive Secretary requested immediate
investigation, appropriate action and report on the complaint indorsed to him, and called his attention to
section 2193 of the Revised Administrative Code which provides for the institution of judicial
proceedings by the provincial fiscal upon direction of the provincial governor. If the indorsement of the
Assistant Executive Secretary be taken as a designation of the provincial governor to investigate the
petitioner, then he would only be acting as agent of the Executive, but the investigation to be conducted
by him would not be that which is provided for in sections 2188, 2189 and 2190 of the Revised
Administrative Code. The charges preferred against the respondent are not malfeasances or any of those
enumerated or specified in section 2188 of the Revised Administrative Code, because rape and
concubinage have nothing to do with the performance of his duties as mayor nor do they constitute or
involve" neglect of duty, oppression, corruption or any other form of maladministration of office." True,
they may involve moral turpitude, but before the provincial governor and board may act and proceed in
accordance with the provisions of the Revised Administrative Code referred to, a conviction by final
judgment must precede the filing by the provincial governor of charges and trial by the provincial board.
Even the provincial fiscal cannot file an information for rape without a sworn complaint of the offended
party who is 28 years of age and the crime of concubinage cannot be prosecuted but upon sworn
complaint of the offended spouse.4 The charges preferred against the petitioner, municipal mayor of
Mainit, province of Surigao, not being those or any of those specified in section 2188 of the Revised
Administrative Code, the investigation of such charges by the provincial board is unauthorized and illegal.
The suspension of the petitioner as mayor of the municipality of Mainit is, consequently, unlawful and
without authority of law.
C. Nature and status

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 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.

U.S. Supreme Court

Vilas v. Manila, 220 U.S. 345 (1911)

Vilas v. Manila

No. 53, 54, 207

Argued February 24, 27, 1911

Decided April 3, 1911

220 U.S. 345

Syllabus

Even if there is no remedy adequate to the collection of a claim against a governmental subdivision
when reduced to judgment, a plaintiff having a valid claim is entitled to maintain an action thereon and
reduce it to judgment.

Where the case turned below on the consequence of a change in sovereignty by reason of the cession of
the Philippine Islands, the construction of the Treaty with Spain of 1898 is involved, and this Court has
jurisdiction of an appeal from the Supreme Court of the Philippine chanrobles.com-red

Page 220 U. S. 346

Islands under § 10 of the Act of July 1, 1902, c. 1369, 32 Stat. 691, 695.

While military occupation or territorial cession may work a suspension of the governmental functions of
municipal corporations, such occupation or cession does not result in their dissolution.

While there is a total abrogation of the former political relations of inhabitants of ceded territory, and an
abrogation of laws in conflict with the political character of the substituted sovereign, the great body of
municipal law regulating private and domestic rights continues in force until abrogated or changed by
the new ruler.

Although the United States might have extinguished every municipality in the territory ceded by Spain
under the Treaty of 1898, it will not, in view of the practice of nations to the contrary, be presumed to
have done so.
The legal entity of the City of Manila survived both its military occupation by, and its cession to, the
United States, and, as in law, the present city, as the successor of the former city, is entitled to the
property rights of its predecessor, it is also subject to its liabilities.

The cession in the Treaty of 1898 of all the public property of Spain in the Philippine Islands did not
include property belonging to municipalities, and the agreement against impairment of property and
private property rights in that treaty applied to the property of municipalities and claims against
municipalities.

One supplying goods to a municipality does so, in the absence of specific provision, on its general faith
and credit, and not as against special funds in its possession, and even if such goods are supplied for a
purpose for which the special funds are held, no specific lien is created thereon.

The facts, which involve the liability of the present City of Manila in the Philippine Islands for claims
against the City of Manila as it existed prior to the cession under the Treaty of 1898, are stated in the
opinion. chanrobles.com-red

G.R. No. L-28089 October 25, 1967

BARA LIDASAN, petitioner,

vs.
COMMISSION ON ELECTIONS, respondent.

Suntay for petitioner.

Barrios and Fule for respondent.

SANCHEZ, J.:

The question initially presented to the Commission on Elections,1 is this: Is Republic Act 4790, which is
entitled "An Act Creating the Municipality of Dianaton in the Province of Lanao del Sur", but which
includes barrios located in another province — Cotabato — to be spared from attack planted upon the
constitutional mandate that "No bill which may be enacted into law shall embrace more than one
subject which shall be expressed in the title of the bill"? Comelec's answer is in the affirmative. Offshoot
is the present original petition for certiorari and prohibition.

On June 18, 1966, the Chief Executive signed into law House Bill 1247, known as Republic Act 4790, now
in dispute. The body of the statute, reproduced in haec verba, reads:

Sec. 1. Barrios Togaig, Madalum, Bayanga, Langkong, Sarakan, Kat-bo, Digakapan, Magabo, Tabangao,
Tiongko, Colodan, Kabamakawan, Kapatagan, Bongabong, Aipang, Dagowan, Bakikis, Bungabung, Losain,
Matimos and Magolatung, in the Municipalities of Butig and Balabagan, Province of Lanao del Sur, are
separated from said municipalities and constituted into a distinct and independent municipality of the
same province to be known as the Municipality of Dianaton, Province of Lanao del Sur. The seat of
government of the municipality shall be in Togaig.

Sec. 2. The first mayor, vice-mayor and councilors of the new municipality shall be elected in the
nineteen hundred sixty-seven general elections for local officials.

Sec. 3. This Act shall take effect upon its approval.

It came to light later that barrios Togaig and Madalum just mentioned are within the municipality
of Buldon, Province of Cotabato, and that Bayanga, Langkong, Sarakan, Kat-bo, Digakapan, Magabo,
Tabangao, Tiongko, Colodan and Kabamakawan are parts and parcel of another municipality, the
municipality of Parang, also in the Province of Cotabato and not of Lanao del Sur.

Prompted by the coming elections, Comelec adopted its resolution of August 15, 1967, the pertinent
portions of which are:

For purposes of establishment of precincts, registration of voters and for other election purposes, the
Commission RESOLVED that pursuant to RA 4790, the new municipality of Dianaton, Lanao del Sur shall
comprise the barrios of Kapatagan, Bongabong, Aipang, Dagowan, Bakikis, Bungabung, Losain, Matimos,
and Magolatung situated in the municipality of Balabagan, Lanao del Sur, the barrios of Togaig and
Madalum situated in the municipality of Buldon, Cotabato, the barrios of Bayanga, Langkong, Sarakan,
Kat-bo, Digakapan, Magabo, Tabangao, Tiongko, Colodan and Kabamakawan situated in the municipality
of Parang, also of Cotabato.

Doubtless, as the statute stands, twelve barrios — in two municipalities in the province of Cotabato —
are transferred to the province of Lanao del Sur. This brought about a change in the boundaries of the
two provinces.

Apprised of this development, on September 7, 1967, the Office of the President, through the Assistant
Executive Secretary, recommended to Comelec that the operation of the statute be suspended until
"clarified by correcting legislation."

Comelec, by resolution of September 20, 1967, stood by its own interpretation, declared that the statute
"should be implemented unless declared unconstitutional by the Supreme Court."

This triggered the present original action for certiorari and prohibition by Bara Lidasan, a resident and
taxpayer of the detached portion of Parang, Cotabato, and a qualified voter for the 1967 elections. He
prays that Republic Act 4790 be declared unconstitutional; and that Comelec's resolutions of August 15,
1967 and September 20, 1967 implementing the same for electoral purposes, be nullified.

1. Petitioner relies upon the constitutional requirement aforestated, that "[n]o bill which may be enacted
into law shall embrace more than one subject which shall be expressed in the title of the bill."2

It may be well to state, right at the outset, that the constitutional provision contains dual limitations
upon legislative power. First. Congress is to refrain from conglomeration, under one statute, of
heterogeneous subjects. Second. The title of the bill is to be couched in a language sufficient to notify
the legislators and the public and those concerned of the import of the single subject thereof.

Of relevance here is the second directive. The subject of the statute must be "expressed in the title" of
the bill. This constitutional requirement "breathes the spirit of command."3 Compliance is imperative,
given the fact that the Constitution does not exact of Congress the obligation to read during its
deliberations the entire text of the bill. In fact, in the case of House Bill 1247, which became Republic Act
4790, only its title was read from its introduction to its final approval in the House of
Representatives4 where the bill, being of local application, originated.5

Of course, the Constitution does not require Congress to employ in the title of an enactment, language
of such precision as to mirror, fully index or catalogue all the contents and the minute details therein. It
suffices if the title should serve the purpose of the constitutional demand that it inform the legislators,
the persons interested in the subject of the bill, and the public, of the nature, scope and consequences
of the proposed law and its operation. And this, to lead them to inquire into the body of the bill, study
and discuss the same, take appropriate action thereon, and, thus, prevent surprise or fraud upon the
legislators.6

In our task of ascertaining whether or not the title of a statute conforms with the constitutional
requirement, the following, we believe, may be taken as guidelines:

The test of the sufficiency of a title is whether or not it is misleading; and, which technical accuracy is not
essential, and the subject need not be stated in express terms where it is clearly inferable from the
details set forth, a title which is so uncertain that the average person reading it would not be informed of
the purpose of the enactment or put on inquiry as to its contents, or which is misleading, either in
referring to or indicating one subject where another or different one is really embraced in the act, or in
omitting any expression or indication of the real subject or scope of the act, is bad.

xxx xxx xxx

In determining sufficiency of particular title its substance rather than its form should be considered, and
the purpose of the constitutional requirement, of giving notice to all persons interested, should be kept in
mind by the court.7

With the foregoing principles at hand, we take a hard look at the disputed statute. The title — "An Act
Creating the Municipality of Dianaton, in the Province of Lanao del Sur"8 — projects the impression that
solely the province of Lanao del Sur is affected by the creation of Dianaton. Not the slightest intimation is
there that communities in the adjacent province of Cotabato are incorporated in this new Lanao del Sur
town. The phrase "in the Province of Lanao del Sur," read without subtlety or contortion, makes the title
misleading, deceptive. For, the known fact is that the legislation has a two-pronged purpose combined in
one statute: (1) it creates the municipality of Dianaton purportedly from twenty-one barrios in the towns
of Butig and Balabagan, both in the province of Lanao del Sur; and (2) it also dismembers two
municipalities in Cotabato, a province different from Lanao del Sur.

The baneful effect of the defective title here presented is not so difficult to perceive. Such title did not
inform the members of Congress as to the full impact of the law; it did not apprise the people in the
towns of Buldon and Parang in Cotabato and in the province of Cotabato itself that part of their territory
is being taken away from their towns and province and added to the adjacent Province of Lanao del Sur;
it kept the public in the dark as to what towns and provinces were actually affected by the bill. These are
the pressures which heavily weigh against the constitutionality of Republic Act 4790.

Respondent's stance is that the change in boundaries of the two provinces resulting in "the substantial
diminution of territorial limits" of Cotabato province is "merely the incidental legal results of the
definition of the boundary" of the municipality of Dianaton and that, therefore, reference to the fact that
portions in Cotabato are taken away "need not be expressed in the title of the law." This posture — we
must say — but emphasizes the error of constitutional dimensions in writing down the title of the bill.
Transfer of a sizeable portion of territory from one province to another of necessity involves reduction of
area, population and income of the first and the corresponding increase of those of the other. This is as
important as the creation of a municipality. And yet, the title did not reflect this fact.
Respondent asks us to read Felwa vs. Salas, L-16511, October 29, 1966, as controlling here.
The Felwa case is not in focus. For there, the title of the Act (Republic Act 4695) reads: "An Act Creating
the Provinces of Benguet, Mountain Province, Ifugao, and Kalinga-Apayao." That title was assailed as
unconstitutional upon the averment that the provisions of the law (Section, 8 thereof) in reference to
the elective officials of the provinces thus created, were not set forth in the title of the bill. We there
ruled that this pretense is devoid of merit "for, surely, an Act creating said provinces must be expected to
provide for the officers who shall run the affairs thereof" — which is "manifestly germane to the subject"
of the legislation, as set forth in its title. The statute now before us stands altogether on a different
footing. The lumping together of barrios in adjacent but separate provinces under one statute is neither
a natural nor logical consequence of the creation of the new municipality of Dianaton. A change of
boundaries of the two provinces may be made without necessarily creating a new municipality and vice
versa.

As we canvass the authorities on this point, our attention is drawn to Hume vs. Village of Fruitport, 219
NW 648, 649. There, the statute in controversy bears the title "An Act to Incorporate the Village of
Fruitport, in the County of Muskegon." The statute, however, in its section 1 reads: "The people of the
state of Michigan enact, that the following described territory in the counties of Muskegon and Ottawa
Michigan, to wit: . . . be, and the same is hereby constituted a village corporate, by the name of the
Village of Fruitport." This statute was challenged as void by plaintiff, a resident of Ottawa county, in an
action to restraint the Village from exercising jurisdiction and control, including taxing his lands. Plaintiff
based his claim on Section 20, Article IV of the Michigan State Constitution, which reads: "No law shall
embrace more than one object, which shall be expressed in its title." The Circuit Court decree voided the
statute and defendant appealed. The Supreme Court of Michigan voted to uphold the decree of nullity.
The following, said in Hume, may well apply to this case:

It may be that words, "An act to incorporate the village of Fruitport," would have been a sufficient title,
and that the words, "in the county of Muskegon" were unnecessary; but we do not agree with appellant
that the words last quoted may, for that reason, be disregarded as surplusage.

. . . Under the guise of discarding surplusage, a court cannot reject a part of the title of an act for the
purpose of saving the act. Schmalz vs. Woody, 56 N.J. Eq. 649, 39 A. 539.

A purpose of the provision of the Constitution is to "challenge the attention of those affected by the act
to its provisions." Savings Bank vs. State of Michigan, 228 Mich. 316, 200 NW 262.

The title here is restrictive. It restricts the operation of the act of Muskegon county. The act goes beyond
the restriction. As was said in Schmalz vs. Wooly, supra: "The title is erroneous in the worst degree, for it
is misleading."9

Similar statutes aimed at changing boundaries of political subdivisions, which legislative purpose is not
expressed in the title, were likewise declared unconstitutional."10

We rule that Republic Act 4790 is null and void.

2. Suggestion was made that Republic Act 4790 may still be salvaged with reference to the nine barrios in
the municipalities of Butig and Balabagan in Lanao del Sur, with the mere nullification of the portion
thereof which took away the twelve barrios in the municipalities of Buldon and Parang in the other
province of Cotabato. The reasoning advocated is that the limited title of the Act still covers those
barrios actually in the province of Lanao del Sur.

We are not unmindful of the rule, buttressed on reason and of long standing, that where a portion of a
statute is rendered unconstitutional and the remainder valid, the parts will be separated, and the
constitutional portion upheld. Black, however, gives the exception to this rule, thus:

. . . But when the parts of the statute are so mutually dependent and connected, as conditions,
considerations, inducements, or compensations for each other, as to warrant a belief that the legislature
intended them as a whole, and that if all could not be carried into effect, the legislature would not pass
the residue independently, then, if some parts are unconstitutional, all the provisions which are thus
dependent, conditional, or connected, must fall with them,11

In substantially similar language, the same exception is recognized in the jurisprudence of this Court,
thus:

The general rule is that where part of a statute is void, as repugnant to the Organic Law, while another
part is valid, the valid portion if separable from the invalid, may stand and be enforced. But in order to
do this, the valid portion must be so far independent of the invalid portion that it is fair to presume that
the Legislature would have enacted it by itself if they had supposed that they could not constitutionally
enact the other. . . Enough must remain to make a complete, intelligible, and valid statute, which carries
out the legislative intent. . . . The language used in the invalid part of the statute can have no legal force
or efficacy for any purpose whatever, and what remains must express the legislative will independently
of the void part, since the court has no power to legislate, . . . .12

Could we indulge in the assumption that Congress still intended, by the Act, to create the restricted area
of nine barrios in the towns of Butig and Balabagan in Lanao del Sur into the town of Dianaton, if
the twelve barrios in the towns of Buldon and Parang, Cotabato were to be excluded therefrom? The
answer must be in the negative.

Municipal corporations perform twin functions. Firstly. They serve as an instrumentality of the State in
carrying out the functions of government. Secondly. They act as an agency of the community in the
administration of local affairs. It is in the latter character that they are a separate entity acting for their
own purposes and not a subdivision of the State.13

Consequently, several factors come to the fore in the consideration of whether a group of barrios is
capable of maintaining itself as an independent municipality. Amongst these are population, territory,
and income. It was apparently these same factors which induced the writing out of House Bill 1247
creating the town of Dianaton. Speaking of the original twenty-one barrios which comprise the new
municipality, the explanatory note to House Bill 1247, now Republic Act 4790, reads:

The territory is now a progressive community; the aggregate population is large; and the collective
income is sufficient to maintain an independent municipality.

This bill, if enacted into law, will enable the inhabitants concerned to govern themselves and enjoy the
blessings of municipal autonomy.

When the foregoing bill was presented in Congress, unquestionably, the totality of the twenty-one
barrios — not nine barrios — was in the mind of the proponent thereof. That this is so, is plainly evident
by the fact that the bill itself, thereafter enacted into law, states that the seat of the government is in
Togaig, which is a barrio in the municipality of Buldon in Cotabato. And then the reduced area poses a
number of questions, thus: Could the observations as to progressive community, large aggregate
population, collective income sufficient to maintain an independent municipality, still apply to a motley
group of only nine barrios out of the twenty-one? Is it fair to assume that the inhabitants of the said
remaining barrios would have agreed that they be formed into a municipality, what with the consequent
duties and liabilities of an independent municipal corporation? Could they stand on their own feet with
the income to be derived in their community? How about the peace and order, sanitation, and other
corporate obligations? This Court may not supply the answer to any of these disturbing questions. And
yet, to remain deaf to these problems, or to answer them in the negative and still cling to the rule on
separability, we are afraid, is to impute to Congress an undeclared will. With the known premise that
Dianaton was created upon the basic considerations of progressive community, large aggregate
population and sufficient income, we may not now say that Congress intended to create Dianaton with
only nine — of the original twenty-one — barrios, with a seat of government still left to be conjectured.
For, this unduly stretches judicial interpretation of congressional intent beyond credibility point. To do so,
indeed, is to pass the line which circumscribes the judiciary and tread on legislative premises. Paying due
respect to the traditional separation of powers, we may not now melt and recast Republic Act 4790 to
read a Dianaton town of nine instead of the originally intended twenty-one barrios. Really, if these nine
barrios are to constitute a town at all, it is the function of Congress, not of this Court, to spell out that
congressional will.

Republic Act 4790 is thus indivisible, and it is accordingly null and void in its totality.14

3. There remains for consideration the issue raised by respondent, namely, that petitioner has no
substantial legal interest adversely affected by the implementation of Republic Act 4790. Stated
differently, respondent's pose is that petitioner is not the real party in interest.

Here the validity of a statute is challenged on the ground that it violates the constitutional requirement
that the subject of the bill be expressed in its title. Capacity to sue, therefore, hinges on whether
petitioner's substantial rights or interests are impaired by lack of notification in the title that the barrio in
Parang, Cotabato, where he is residing has been transferred to a different provincial hegemony.

The right of every citizen, taxpayer and voter of a community affected by legislation creating a town to
ascertain that the law so created is not dismembering his place of residence "in accordance with the
Constitution" is recognized in this jurisdiction.15

Petitioner is a qualified voter. He expects to vote in the 1967 elections. His right to vote in his own barrio
before it was annexed to a new town is affected. He may not want, as is the case here, to vote in a town
different from his actual residence. He may not desire to be considered a part of hitherto different
communities which are fanned into the new town; he may prefer to remain in the place where he is and
as it was constituted, and continue to enjoy the rights and benefits he acquired therein. He may not even
know the candidates of the new town; he may express a lack of desire to vote for anyone of them; he
may feel that his vote should be cast for the officials in the town before dismemberment. Since by
constitutional direction the purpose of a bill must be shown in its title for the benefit, amongst others, of
the community affected thereby,16 it stands to reason to say that when the constitutional right to vote on
the part of any citizen of that community is affected, he may become a suitor to challenge the
constitutionality of the Act as passed by Congress.
For the reasons given, we vote to declare Republic Act 4790 null and void, and to prohibit respondent
Commission from implementing the same for electoral purposes.

TITLE I
THE BARANGAY

CHAPTER I
Role and Creation of the Barangay

Section 384. Role of the Barangay. - As the basic political unit, the barangay serves as the primary
planning and implementing unit of government policies, plans, programs, projects, and activities in the
community, and as a forum wherein the collective views of the people may be expressed, crystallized
and considered, and where disputes may be amicably settled.

Section 385. Manner of Creation. - A barangay may be created, divided, merged, abolished, or its
boundary substantially altered, by law or by an ordinance of the sangguniang panlalawigan or
panlungsod, subject to approval by a majority of the votes cast in a plebiscite to be conducted by the
COMELEC in the local government unit or units directly affected within such period of time as may be
determined by the law or ordinance creating said barangay. In the case of the creation of barangays by
the sangguniang panlalawigan, the recommendation of the sangguniang bayan concerned shall be
necessary.

Section 386. Requisites for Creation. -

(a) A barangay may be created out of a contiguous territory which has a population of at least two
thousand (2,000) inhabitants as certified by the National Statistics Office except in cities and
municipalities within Metro Manila and other metropolitan political subdivisions or in highly urbanized
cities where such territory shall have a certified population of at least five thousand (5,000) inhabitants:
Provided, That the creation thereof shall not reduce the population of the original barangay or barangays
to less than the minimum requirement prescribed herein.

To enhance the delivery of basic services in the indigenous cultural communities, barangays may be
created in such communities by an Act of Congress, notwithstanding the above requirement.

(b) The territorial jurisdiction of the new barangay shall be properly identified by metes and bounds or
by more or less permanent natural boundaries. The territory need not be contiguous if it comprises two
(2) or more islands.

(c) The governor or city mayor may prepare a consolidation plan for barangays, based on the criteria
prescribed in this Section, within his territorial jurisdiction. The plan shall be submitted to the
sangguniang panlalawigan or sangguniang panlungsod concerned for appropriate action.

In the case of municipalities within the Metropolitan Manila Area and other metropolitan political
subdivisions, the barangay consolidation plan shall be prepared and approved by the sangguniang bayan
concerned.

CHAPTER II
Barangay Officials and Offices

Section 387. Chief Officials and Offices. -

(a) There shall be in each barangay a punong barangay, seven (7) sangguniang barangay members, the
sangguniang kabataan chairman, a barangay secretary, and a barangay treasurer.

(b) There shall also be in every barangay a lupong tagapamayapa. The sangguniang barangay may form
community brigades and create such other positions or offices as may be deemed necessary to carry out
the purposes of the barangay government in accordance with the needs of public service, subject to the
budgetary limitations on personal services prescribed under Title Five, Book II of this Code.

Section 388. Persons in Authority. - For purposes of the Revised Penal Code, the punong barangay,
sangguniang barangay members, and members of the lupong tagapamayapa in each barangay shall be
deemed as persons in authority in their jurisdictions, while other barangay officials and members who
may be designated by law or ordinance and charged with the maintenance of public order, protection
and security of life and property, or the maintenance of a desirable and balanced environment, and any
barangay member who comes to the aid of persons in authority, shall be deemed agents of persons in
authority.

CHAPTER III
The Punong Barangay

Section 389. Chief Executive: Powers, Duties, and Functions. -

(a) The punong barangay, as the chief executive of the barangay government, shall exercise such powers
and perform such duties and functions, as provided by this Code and other laws.

(b) For efficient, effective and economical governance, the purpose of which is the general welfare of the
barangay and its inhabitants pursuant to Section 16 of this Code, the punong barangay shall:

(1) Enforce all laws and ordinances which are applicable within the barangay;

(2) Negotiate, enter into, and sign contracts for and in behalf of the barangay, upon authorization of the
sangguniang barangay;

(3) Maintain public order in the barangay and, in pursuance thereof, assist the city or municipal mayor
and the sanggunian members in the performance of their duties and functions;

(4) Call and preside over the sessions of the sangguniang barangay and the barangay assembly, and vote
only to break a tie;

(5) Upon approval by a majority of all the members of the sangguniang barangay, appoint or replace the
barangay treasurer, the barangay secretary, and other appointive barangay officials;

(6) Organize and lead an emergency group whenever the same may be necessary for the maintenance of
peace and order or on occasions of emergency or calamity within the barangay;

(7) In coordination with the barangay development council, prepare the annual executive and
supplemental budgets of the barangay;

(8) Approve vouchers relating to the disbursement of barangay funds;

(9) Enforce laws and regulations relating to pollution control and protection of the environment;
(10) Administer the operation of the katarungang pambarangay in accordance with the provisions of this
Code;

(11) Exercise general supervision over the activities of the sangguniang kabataan;

(12) Ensure the delivery of basic services as mandated under Section 17 of this Code;

(13) Conduct an annual palarong barangay which shall feature traditional sports and disciplines included
in national and international games, in coordination with the Department of Education, Culture and
Sports;

(14) Promote the general welfare of the barangay; and

(15) Exercise such other powers and perform such other duties and functions as may be prescribed by
law or ordinance.

(b) In the performance of his peace and order functions. the punong barangay shall be entitled to
possess and carry the necessary firearm within his territorial jurisdiction, subject to appropriate rules
and regulations.

CHAPTER IV
The Sangguniang Barangay

Section 390. Composition. - The sangguniang barangay, the legislative body of the barangay, shall be
composed of the punong barangay as presiding officer, and the seven (7) regular sangguniang barangay
members elected at large and sangguniang kabataan chairman, as members.

Section 391. Powers, Duties, and Functions. -

(a) The sangguniang barangay, as the legislative body of the barangay, shall:

(1) Enact ordinances as may be necessary to discharge the responsibilities conferred upon it by law or
ordinance and to promote the general welfare of the inhabitants therein;

(2) Enact tax revenue ordinances, subject to the limitations imposed in this Code;

(3) Enact annual and supplemental budgets in accordance with the provisions of this Code;

(4) Provide for the construction and maintenance of barangay facilities and other public works projects
chargeable to the general fund of the barangay or such other funds actually available for the purpose;

(5) Submit to the sangguniang panlungsod or sangguniang bayan such suggestions or recommendations
as it may see fit for the improvement of the barangay or for the welfare of the inhabitants thereof;

(6) Assist in the establishment, organization, and promotion of cooperative enterprises that will improve
the economic condition and well-being of the residents;

(7) Regulate the use of multi-purpose halls, multi-purpose pavements, grain or copra dryers, patios and
other post-harvest facilities, barangay waterworks, barangay markets, parking areas or other similar
facilities constructed with government funds within the jurisdiction of the barangay and charge
reasonable fees for the use thereof;
(8) Solicit or accept monies, materials and voluntary labor for specific public works and cooperative
enterprises of the barangay from residents, land owners, producers and merchants in the barangay;
monies from grants-in-aid, subsidies, contributions, and revenues made available to the barangays from
national, provincial, city or municipal funds; and monies from other private agencies and individuals:
Provided, however, That monies or properties donated by private agencies and individuals for specific
purposes shall accrue to the barangay as trust fund;

(9) Solicit or accept, in any or all the foregoing public works and cooperative enterprises, such
cooperation as is made available by national, provincial, city, or municipal agencies established by law to
render financial, technical, and advisory assistance to barangays and to barangay residents: Provided,
however, That in soliciting or accepting such cooperation, the sangguniang barangay need not pledge
any sum of money for expenditure in excess of amounts currently in the barangay treasury or
encumbered for other purposes;

(10) Provide compensation, reasonable allowances or per diems as well as travel expenses for
sangguniang barangay members and other barangay officials, subject to the budgetary limitations
prescribed under Title Five, Book II of this Code: Provided, however, That no increase in the
compensation or honoraria of the sangguniang barangay members shall take effect until after the
expiration of the full term of all members of the sangguniang barangay approving such increase;

(11) Hold fund-raising activities for barangay projects without the need of securing permits from any
national or local office or agency. The proceeds from such activities shall be tax-exempt and shall accrue
to the general fund of the barangay: Provided, That in the appropriation thereof, the specific purpose for
which such fund-raising activity has been held shall be first satisfied: Provided, further, That no fund-
raising activities shall be held within a period of sixty (60) days immediately preceding and after a
national or local election, recall, referendum, or plebiscite: Provided, finally, That said fund-raising
activities shall comply with national policy standards and regulations on morals, health, and safety of the
persons participating therein. The sangguniang barangay, through the punong barangay, shall render a
public accounting of the funds raised at the completion of the project for which the fund-raising activity
was undertaken;

(12) Authorize the punong barangay to enter into contracts in behalf of the barangay, subject to the
provisions of this Code;

(13) Authorize the barangay treasurer to make direct purchases in an amount not exceeding One
thousand pesos (P1,000.00) at any one time for the ordinary and essential administrative needs of the
barangay;

(14) Prescribe fines in amounts not exceeding One thousand pesos (P1,000.00) for violation of barangay
ordinances;

(15) Provide for the administrative needs of the lupong tagapamayapa and the pangkat ng
tagapagkasundo;

(16) Provide for the organization of community brigades, barangay tanod, or community service units as
may be necessary;
(17) Organize regular lectures, programs, or fora on community problems such as sanitation, nutrition,
literacy, and drug abuse, and convene assemblies to encourage citizen participation in government;

(18) Adopt measures to prevent and control the proliferation of squatters and mendicants in the
barangay;

(19) Provide for the proper development and welfare of children in the barangay by promoting and
supporting activities for the protection and total development of children, particularly those below
seven (7) years of age;

(20) Adopt measures towards the prevention and eradication of drug abuse, child abuse, and juvenile
delinquency;

(21) Initiate the establishment of a barangay high school, whenever feasible, in accordance with law;

(22) Provide for the establishment of a non-formal education center in the barangay whenever feasible,
in coordination with the Department of Education, Culture and Sports;

(23) Provide for the delivery of basic services; and

(24) Exercise such other powers and perform such other duties and functions as may be prescribed by
law or ordinance.

Section 392. Other Duties of Sangguniang Barangay Members. - In addition to their duties as members
of the sangguniang barangay, sangguniang barangay members may:

(a) Assist the punong barangay in the discharge of his duties and functions;

(b) Act as peace officers in the maintenance of public order and safety; and

(c) Perform such other duties and functions as the punong barangay may delegate.

Section 393. Benefits of Barangay Officials. -

(a) Barangay officials, including barangay tanods and members of the lupong tagapamayapa, shall receive
honoraria, allowances, and such other emoluments as may be authorized by law or barangay, municipal
or city ordinance in accordance with the provisions of this Code, but in no case shall it be less than One
thousand pesos (P1,000.00) per month for the punong barangay and Six hundred pesos (P600.00) per
month for the sangguniang barangay members, barangay treasurer, and barangay secretary: Provided,
however, That the annual appropriations for personal services shall be subject to the budgetary
limitations prescribed under Title Five, Book II of this Code;

(b) The punong barangay, the sangguniang barangay members, the barangay treasurer, and the barangay
secretary shall also:

(1) Be entitled to Christmas bonus of at least One thousand pesos (P1,000.00) each, the funds for which
shall be taken from the general fund of the barangay or from such other funds appropriated by the
national government for the purpose;

(2) Be entitled, during their incumbency, to insurance coverage which shall include, but shall not be
limited to temporary and permanent disability, double indemnity, accident insurance, death and burial
benefits, in accordance with Republic Act Numbered Sixty-nine hundred forty-two (R.A. No. 6942),
entitled "An Act Increasing the Insurance Benefits of Local Government Officials and Providing Funds
Therefor";

(3) Be entitled to free medical care including subsistence, medicines, and medical attendance in any
government hospital or institution: Provided, That such hospital care shall include surgery or surgical
expenses, medicines, X-rays, laboratory fees, and other hospital expenses;

In case of extreme urgency where there is no available government hospital or institution, the barangay
official attendance to the nearest private clinic, hospital or institution and the expenses not exceeding
Five thousand pesos (P5,000.00) that may be incurred therein shall be chargeable against the funds of
the barangay concerned;

(4) Be exempted during their incumbency from paying tuition and matriculation fees for their legitimate
dependent children attending state colleges or universities. He may likewise avail of such educational
benefits in a state college or university located within the province or city to which the barangay
belongs; and

(5) Be entitled to appropriate civil service eligibility on the basis of the number of years of service to the
barangay, pursuant to the rules and regulations issued by the Civil Service Commission.

(c) Elective barangay officials shall have preference in appointments to any government position or in
any government-owned or controlled corporations, including their subsidiaries, after their tenure of
office, subject to the requisite qualifications and the provisions of the immediately preceding paragraph.

(d) All duly appointed members of the barangay tanod brigades, or their equivalent, which shall number
not more than twenty (20) in each barangay, shall be granted insurance or other benefits during their
incumbency, chargeable to the barangay or the city or municipal government to which the barangay
belongs.

CHAPTER V
Appointive Barangay Officials

Section 394. Barangay Secretary: Appointment, Qualifications, Powers and Duties. -

(a) The barangay secretary shall be appointed by the punong barangay with the concurrence of the
majority of all the sangguniang barangay members. The appointment of the barangay secretary shall not
be subject to attestation by the Civil Service Commission.

(b) The barangay secretary shall be of legal age, a qualified voter and an actual resident of the barangay
concerned.

(c) No person shall be appointed barangay secretary if he is a sangguniang barangay member, a

government employee, or a relative of the punong barangay within the fourth civil degree of
consanguinity of affinity.

(d) The barangay secretary shall:

(1) Keep custody of all records of the sangguniang barangay and the barangay assembly meetings;
(2) Prepare and keep the minutes of all meetings of the sangguniang barangay and the barangay
assembly;

(3) Prepare a list of members of the barangay assembly, and have the same posted in conspicuous places
within the barangay;

(4) Assist in the preparation of all necessary forms for the conduct of barangay elections, initiatives,
referenda or plebiscites, in coordination with the COMELEC;

(5) Assist the municipal civil registrar in the registration of births, deaths, and marriages;

(6) Keep an updated record of all inhabitants of the barangay containing the following items of
information: name, address, place and date of birth, sex, civil status, citizenship, occupation, and such
other items of information as may be prescribed by law or ordinance;

(7) Submit a report on the actual number of barangay residents as often as may be required by the
sangguniang barangay; and

(8) Exercise such other powers and perform such other duties and functions as may be prescribed by law
or ordinance.

Section 395. Barangay Treasurer: Appointment, Qualification, Powers and Duties. -

(a) The barangay treasurer shall be appointed by the punong barangay with the concurrence of the
majority of all the sangguniang barangay members. The appointment of the barangay treasurer shall not
be subject to attestation by the Civil Service Commission.

(b) The barangay treasurer shall be of legal age, a qualified voter, and an actual resident of the barangay
concerned.

(c) No person shall be appointed barangay treasurer if he is a sangguniang barangay member, a

government employee, or a relative of the punong barangay within the fourth civil degree of
consanguinity or affinity.

(d) The barangay treasurer shall be bonded in accordance with existing laws in an amount to be
determined by the sangguniang barangay but not exceeding Ten thousand pesos (P10,000.00),
premiums for which shall be paid by the barangay.

(e) The barangay treasurer shall:

(1) Keep custody of barangay funds and properties;

(2) Collect and issue official receipts for taxes, fees, contributions, monies, materials, and all other
resources accruing to the barangay treasury and deposit the same in the account of the barangay as
provided under Title Five, Book II of this Code;

(3) Disburse funds in accordance with the financial procedures provided in this Code;

(4) Submit to the punong barangay a statement covering the actual and estimates of income and
expenditures for the preceding and ensuing calendar years, respectively, subject to the provisions of Title
Five, Book II of this Code.
(5) Render a written accounting report of all barangay funds and property under his custody at the end
of each calendar year, and ensure that such report shall be made available to the members of the
barangay assembly and other government agencies concerned;

(6) Certify as to the availability of funds whenever necessary;

(7) Plan and attend to the rural postal circuit within his jurisdiction; and

(8) Exercise such other powers and perform such other duties and functions as may be prescribed by law
or ordinance.

Section 396. Other Appointive Officials. - The qualifications, duties, and functions of all other barangay
officials appointed by the punong barangay shall be governed by the provisions of this Code and other
laws or by barangay ordinances.

CHAPTER VI
Barangay Assembly

Section 397. Composition; Meetings. -

(a) There shall be a barangay assembly composed of all persons who are actual residents of the barangay
for at least six (6) months, fifteen (15) years of age or over, citizens of the Philippines, and duly registered
in the list of barangay assembly members.

(b) The barangay assembly shall meet at least twice a year to hear and discuss the semestral report of
the sangguniang barangay concerning its activities and finances as well as problems affecting the
barangay. Its meetings shall be held upon call of the punong barangay or of at least four (4) members of
the sangguniang barangay, or upon written petition of at least five percent (5%) of the assembly
members.

(c) No meeting of the barangay assembly shall take place unless a written notice is given one (1) week
prior to the meeting except on matters involving public safety or security, in which case notice within a
reasonable time shall be sufficient. The punong barangay, or in his absence, the sangguniang barangay
member acting as punong barangay, or any assembly member selected during the meeting, shall act as
presiding officer in all the meetings of the assembly. The barangay secretary, or in his absence, any
member designated by the presiding officer to act as secretary, shall discharge the duties of secretary of
the barangay assembly.

Section 398. Powers of the Barangay Assembly. - The barangay assembly shall:

(a) Initiate legislative processes by recommending to the sangguniang barangay the adoption of
measures for the welfare of the barangay and the city or municipality concerned;

(b) Decide on the adoption of initiative as a legal process whereby the registered voters of the barangay
may directly propose, enact, or amend any ordinance; and

(c) Hear and pass upon the semestral report of the sangguniang barangay concerning its activities and
finances.

CHAPTER VII
Katarungang Pambarangay
Section 399. Lupong Tagapamayapa. -

(a) There is hereby created in each barangay a lupong tagapamayapa, hereinafter referred to as the
lupon, composed of the punong barangay, as chairman and ten (10) to twenty (20) members. The lupon
shall be constituted every three (3) years in the manner provided herein.

(b) Any person actually residing or working, in the barangay, not otherwise expressly disqualified by law,
and possessing integrity, impartiality, independence of mind, sense of fairness, and reputation for
probity, may be appointed a member of the lupon.

(c) A notice to constitute the lupon, which shall include the names of proposed members who have
expressed their willingness to serve, shall be prepared by the punong barangay within the first fifteen
(15) days from the start of his term of office. Such notice shall be posted in three (3) conspicuous places
in the barangay continuously for a period of not less than three (3) weeks;

(d) The punong barangay, taking into consideration any opposition to the proposed appointment or any
recommendations for appointment as may have been made within the period of posting, shall within ten
(10) days thereafter, appoint as members those whom he determines to be suitable therefor.
Appointments shall be in writing, signed by the punong barangay, and attested to by the barangay
secretary.

(e) The list of appointed members shall be posted in three (3) conspicuous places in the barangay for the
entire duration of their term of office; and

(f) In barangays where majority of the inhabitants are members of indigenous cultural communities,
local systems of settling disputes through their councils of datus or elders shall be recognized without
prejudice to the applicable provisions of this Code.

Section 400. Oath and Term of Office. - Upon appointment, each lupon member shall take an oath of
office before the punong barangay. He shall hold office until a new lupon is constituted on the third year
following his appointment unless sooner terminated by resignation, transfer of residence or place of
work, or withdrawal of appointment by the punong barangay with the concurrence of the majority of all
the members of the lupon.

Section 401. Vacancies. - Should a vacancy occur in the lupon for any cause, the punong barangay shall
immediately appoint a qualified person who shall hold office only for the unexpired portion of the term.

Section 402. Functions of the Lupon. - The lupon shall:

(a) Exercise administrative supervision over the conciliation panels provided herein;

(b) Meet regularly once a month to provide a forum for exchange of ideas among its members and the
public on matters relevant to the amicable settlement of disputes, and to enable various conciliation
panel members to share with one another their observations and experiences in effecting speedy
resolution of disputes; and

(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law
or ordinance.
Section 403. Secretary of the Lupon. - The barangay secretary shall concurrently serve as the secretary of
the lupon. He shall record the results of mediation proceedings before the punong barangay and shall
submit a report thereon to the proper city or municipal courts. He shall also receive and keep the
records of proceedings submitted to him by the various conciliation panels.

Section 404. Pangkat ng Tagapagkasundo. -

(a) There shall be constituted for each dispute brought before the lupon a conciliation panel to be known
as the pangkat ng tagapagkasundo, hereinafter referred to as the pangkat, consisting of three (3)
members who shall be chosen by the parties to the dispute from the list of members of the lupon.

Should the parties fail to agree on the pangkat membership, the same shall be determined by lots drawn
by the lupon chairman.

(b) The three (3) members constituting the pangkat shall elect from among themselves the chairman and
the secretary. The secretary shall prepare the minutes of the pangkat proceedings and submit a copy
duly attested to by the chairman to the lupon secretary and to the proper city or municipal court. He
shall issue and cause to be served notices to the parties concerned.

The lupon secretary shall issue certified true copies of any public record in his custody that is not by law
otherwise declared confidential.

Section 405. Vacancies in the Pangkat. - Any vacancy in the pangkat shall be chosen by the parties to the
dispute from among the other lupon members. Should the parties fail to agree on a common choice, the
vacancy shall be filled by lot to be drawn by the lupon chairman.

Section 406. Character of Office and Service of Lupon Members. -

(a) The lupon members, while in the performance of their official duties or on the occasion thereof, shall
be deemed as persons in authority, as defined in the Revised Penal Code.

(b) The lupon or pangkat members shall serve without compensation, except as provided for in Section
393 and without prejudice to incentives as provided for in this Section and in Book IV of this Code. The
Department of the Interior and Local Government shall provide for a system of granting economic or
other incentives to the lupon or pangkat members who adequately demonstrate the ability to judiciously
and expeditiously resolve cases referred to them. While in the performance of their duties, the lupon or
pangkat members, whether in public or private employment, shall be deemed to be on official time, and
shall not suffer from any diminution in compensation or allowance from said employment by reason
thereof.

Section 407. Legal Advice on Matters Involving Questions of Law. - The provincial, city legal officer or
prosecutor or the municipal legal officer shall render legal advice on matters involving questions of law
to the punong barangay or any lupon or pangkat member whenever necessary in the exercise of his
functions in the administration of the katarungang pambarangay.

Section 408. Subject Matter for Amicable Settlement; Exception Thereto. - The lupon of each barangay
shall have authority to bring together the parties actually residing in the same city or municipality for
amicable settlement of all disputes except:

(a) Where one party is the government, or any subdivision or instrumentality thereof;
(b) Where one party is a public officer or employee, and the dispute relates to the performance of his
official functions;

(c) Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five thousand pesos
(P5,000.00);

(d) Offenses where there is no private offended party;

(e) Where the dispute involves real properties located in different cities or municipalities unless the
parties thereto agree to submit their differences to amicable settlement by an appropriate lupon;

(f) Disputes involving parties who actually reside in barangays of different cities or municipalities, except
where such barangay units adjoin each other and the parties thereto agree to submit their differences to
amicable settlement by an appropriate lupon;

(g) Such other classes of disputes which the President may determine in the interest of Justice or upon
the recommendation of the Secretary of Justice.

The court in which non-criminal cases not falling within the authority of the lupon under this Code are
filed may, at any time before trial motu propio refer the case to the lupon concerned for amicable
settlement.

Section 409. Venue. -

(a) Disputes between persons actually residing in the same barangay shall be brought for amicable
settlement before the lupon of said barangay.

(b) Those involving actual residents of different barangays within the same city or municipality shall be
brought in the barangay where the respondent or any of the respondents actually resides, at the election
of the complaint.

(c) All disputes involving real property or any interest therein shall be brought in the barangay where the
real property or the larger portion thereof is situated.

(d) Those arising at the workplace where the contending parties are employed or at the institution
where such parties are enrolled for study, shall be brought in the barangay where such workplace or
institution is located.

Objections to venue shall be raised in the mediation proceedings before the punong barangay;
otherwise, the same shall be deemed waived. Any legal question which may confront the punong
barangay in resolving objections to venue herein referred to may be submitted to the Secretary of
Justice, or his duly designated representative, whose ruling thereon shall be binding.

Section 410. Procedure for Amicable Settlement. -

(a) Who may initiate proceeding - Upon payment of the appropriate filing fee, any individual who has a
cause of action against another individual involving any matter within the authority of the lupon may
complain, orally or in writing, to the lupon chairman of the barangay.

(b) Mediation by lupon chairman - Upon receipt of the complaint, the lupon chairman shall within the
next working day summon the respondent(s), with notice to the complainant(s) for them and their
witnesses to appear before him for a mediation of their conflicting interests. If he fails in his mediation
effort within fifteen (15) days from the first meeting of the parties before him, he shall forthwith set a
date for the constitution of the pangkat in accordance with the provisions of this Chapter.

(c) Suspension of prescriptive period of offenses - While the dispute is under mediation, conciliation, or
arbitration, the prescriptive periods for offenses and cause of action under existing laws shall be
interrupted upon filing the complaint with the punong barangay. The prescriptive periods shall resume
upon receipt by the complainant of the complainant or the certificate of repudiation or of the
certification to file action issued by the lupon or pangkat secretary: Provided, however, That such
interruption shall not exceed sixty (60) days from the filing of the complaint with the punong barangay.

(d) Issuance of summons; hearing; grounds for disqualification - The pangkat shall convene not later than
three (3) days from its constitution, on the day and hour set by the lupon chairman, to hear both parties
and their witnesses, simplify issues, and explore all possibilities for amicable settlement. For this
purpose, the pangkat may issue summons for the personal appearance of parties and witnesses before
it. In the event that a party moves to disqualify any member of the pangkat by reason of relationship,
bias, interest, or any other similar grounds discovered after the constitution of the pangkat, the matter
shall be resolved by the affirmative vote of the majority of the pangkat whose decision shall be final.
Should disqualification be decided upon, the resulting vacancy shall be filled as herein provided for.

(e) Period to arrive at a settlement - The pangkat shall arrive at a settlement or resolution of the dispute
within fifteen (15) days from the day it convenes in accordance with this section. This period shall, at the
discretion of the pangkat, be extendible for another period which shall not exceed fifteen (15) days,
except in clearly meritorious cases.

Section 411. Form of settlement. - All amicable settlements shall be in writing, in a language or dialect
known to the parties, signed by them, and attested to by the lupon chairman or the pangkat chairman,
as the case may be. When the parties to the dispute do not use the same language or dialect, the
settlement shall be written in the language known to them.

Section 412. Conciliation. -

(a) Pre-condition to Filing of Complaint in Court. - No complaint, petition, action, or proceeding involving
any matter within the authority of the lupon shall be filed or instituted directly in court or any other
government office for adjudication, unless there has been a confrontation between the parties before
the lupon chairman or the pangkat, and that no conciliation or settlement has been reached as certified
by the lupon secretary or pangkat secretary as attested to by the lupon or pangkat chairman or unless
the settlement has been repudiated by the parties thereto.

(b) Where Parties May Go Directly to Court. - The parties may go directly to court in the following
instances:

(1) Where the accused is under detention;

(2) Where a person has otherwise been deprived of personal liberty calling for habeas corpus
proceedings;

(3) Where actions are coupled with provisional remedies such as preliminary injunction, attachment,
delivery of personal property and support pendente lite; and
(4) Where the action may otherwise be barred by the statute of limitations.

(c) Conciliation among members of indigenous cultural communities. - The customs and traditions of
indigenous cultural communities shall be applied in settling disputes between members of the cultural
communities.

Section 413. Arbitration. -

(a) The parties may, at any stage of the proceedings, agree in writing that they shall abide by the
arbitration award of the lupon chairman or the pangkat. Such agreement to arbitrate may be repudiated
within five (5) days from the date thereof for the same grounds and in accordance with the procedure
hereinafter prescribed. The arbitration award shall be made after the lapse of the period for repudiation
and within ten (10) days thereafter.

(b) The arbitration award shall be in writing in a language or dialect known to the parties. When the
parties to the dispute do not use the same language or dialect, the award shall be written in the
language or dialect known to them.

Section 414. Proceedings Open to the Public; Exception. - All proceedings for settlement shall be public
and informal: Provided, however, That the lupon chairman or the pangkat chairman, as the case may be,
may motu proprio or upon request of a party, exclude the public from the proceedings in the interest of
privacy, decency, or public morals.

Section 415. Appearance of Parties in Person. - In all katarungang pambarangay proceedings, the parties
must appear in person without the assistance of counsel or representative, except for minors and
incompetents who may be assisted by their next-of-kin who are not lawyers.

Section 416. Effect of Amicable Settlement and Arbitration Award. - The amicable settlement and
arbitration award shall have the force and effect of a final judgment of a court upon the expiration of ten
(10) days from the date thereof, unless repudiation of the settlement has been made or a petition to
nullify the award has been filed before the proper city or municipal court.

However, this provision shall not apply to court cases settled by the lupon under the last paragraph of
Section 408 of this Code, in which case the compromise or the pangkat chairman shall be submitted to
the court and upon approval thereof, have the force and effect of a judgment of said court.

Section 417. Execution. - The amicable settlement or arbitration award may be enforced by execution by
the lupon within six (6) months from the date of the settlement. After the lapse of such time, the
settlement may be enforced by action in the appropriate city or municipal court.

Section 418. Repudiation. - Any party to the dispute may, within ten (10) days from the date of the
settlement, repudiate the same by filing with the lupon chairman a statement to that effect sworn to
before him, where the consent is vitiated by fraud, violence, or intimidation. Such repudiation shall be
sufficient basis for the issuance of the certification for filing a complaint as hereinabove provided.

Section 419. Transmittal of Settlement and Arbitration. - Award to the Court. - The secretary of the lupon
shall transmit the settlement or the arbitration award to the appropriate city or municipal court within
five (5) days from the date of the award or from the lapse of the ten-day period repudiating the
settlement and shall furnish copies thereof to each of the parties to the settlement and the lupon
chairman.

Section 420. Power to Administer Oaths. - The punong barangay, as chairman of the lupong
tagapamayapa, and the members of the pangkat are hereby authorized to administer oaths in
connection with any matter relating to all proceedings in the implementation of the katarungang
pambarangay.

Section 421. Administration; Rules and Regulations. - The city or municipal mayor, as the case may be,
shall see to the efficient and effective implementation and administration of the katarungang
pambarangay. The Secretary of Justice shall promulgate the rules and regulations necessary to
implement this Chapter.

Section 422. Appropriations. - Such amount as may be necessary for the effective implementation of the
katarungang pambarangay shall be provided for in the annual budget of the city or municipality
concerned.

CHAPTER VIII
Sangguniang Kabataan

Section 423. Creation and Election. -

(a) There shall be in every barangay a sangguniang kabataan to be composed of a chairman, seven (7)
members, a secretary, and a treasurer.

(b) A sangguniang kabataan official who, during his term of office, shall have passed the age of twenty-
one (21) years shall be allowed to serve the remaining portion of the term for which he was elected.

Section 424. Katipunan ng Kabataan. - The katipunan ng kabataan shall be composed of all citizens of
the Philippines actually residing in the barangay for at least six (6) months, who are fifteen (15) but not
more than twenty-one (21) years of age, and who are duly registered in the list of the sangguniang
kabataan or in the official barangay list in the custody of the barangay secretary.

Section 425. Meetings of the Katipunan ng Kabataan. - The katipunan ng kabataan shall meet at least
once every three (3) months, or at the call of the chairman of the sangguniang kabataan or upon written
petition of at least one-twentieth (1/20) of its members, to decide on important issues affecting the
youth of the barangay.

Section 426. Powers and Functions of the Sangguniang Kabataan. - The sangguniang kabataan shall:

(a) Promulgate resolutions necessary to carry out the objectives of the youth in the barangay in
accordance with the applicable provisions of this Code;

(b) Initiate programs designed to enhance the social, political, economic, cultural, intellectual, moral,
spiritual, and physical development of the members;

(c) Hold fund-raising activities, the proceeds of which shall be tax-exempt and shall accrue to the general
fund of the sangguniang kabataan: Provided, however, That in the appropriation thereof, the specific
purpose for which such activity has been held shall be first satisfied;
(d) Create such bodies or committees as it may deem necessary to effectively carry out its programs and
activities;

(e) Submit annual and end-of-term reports to the sangguniang barangay on their projects and activities
for the survival and development of the youth in the barangay;

(f) Consult and coordinate with all youth organizations in the barangay for policy formulation and
program implementation;

(g) Coordinate with the appropriate national agency for the implementation of youth development
projects and programs at the national level;

(h) Exercise such other powers and perform such other duties and functions as the sangguniang
barangay may determine or delegate; and

(i) Exercise such other powers and perform such other duties and functions as may be prescribed by law
or ordinance.

Section 427. Meetings of the Sangguniang Kabataan. - The sangguniang kabataan shall meet regularly
once a month on the date, time, and place to be fixed by the said sanggunian. Special meetings may be
called by the sangguniang kabataan chairman or any three (3) of its members by giving written notice to
all members of the date, time, place and agenda of the meeting at least one (1) day in advance. Notices
of regular or special meetings shall be furnished the punong barangay and the sangguniang barangay.

A majority of the members of the sangguniang kabataan shall constitute a quorum.

Section 428. Qualifications. - An elective official of the sangguniang kabataan must be a citizen of the
Philippines, a qualified voter of the katipunan ng kabataan, a resident of the barangay for at least one (1)
year immediately prior to election, at least fifteen (15) years but not more than twenty- one (21) years of
age on the day of his election, able to read and write Filipino, English, or the local dialect, and must not
have been convicted of any crime involving moral turpitude.

Section 429. Term of Office. - The sangguniang kabataan chairman and members shall hold office for a
period of three (3) years, unless sooner removed for cause as provided by law, permanently
incapacitated, die or resign from office.

Section 430. Sangguniang Kabataan Chairman. - The registered voters of the katipunan ng kabataan
shall elect the chairman of the sangguniang kabataan who shall automatically serve as an ex officio
member of the sangguniang barangay upon his assumption to office. As such, he shall exercise the same
powers, discharge the same duties and functions, and enjoy the same privileges as the regular
sangguniang barangay members, and shall be the chairman of the committee on youth and sports
development in the said sanggunian.

Section 431. Powers and Duties of the Sangguniang Kabataan Chairman. - In addition to the duties
which may be assigned to him by the sangguniang barangay, the sangguniang kabataan chairman shall:

(a) Call and preside over all meetings of the katipunan ng kabataan and the sangguniang kabataan;

(b) Implement policies, programs, and projects within his jurisdiction in coordination with the
sangguniang barangay;
(c) Exercise general supervision over the affairs and activities of the sangguniang kabataan and the
official conduct of its members, and such other officers of the sangguniang kabataan within his
jurisdiction;

(d) With the concurrence of the sangguniang kabataan, appoint from among the members of the
sangguniang kabataan, the secretary and treasurer and such other officers as may be deemed necessary;
and

(e) Exercise such other powers and perform such other duties and functions as may be prescribed by law
or ordinance.

Section 432. Sangguniang Kabataan Secretary. - The sangguniang kabataan secretary shall:

(a) Keep all records of the katipunan ng kabataan and sangguniang kabataan;

(b) Prepare and keep the minutes of all meetings of the katipunan ng kabataan and sangguniang
kabataan;

(c) Prepare all forms necessary for the conduct of registrations, elections, initiatives, referenda, or
plebiscites, in coordination with the barangay secretary and the COMELEC; and

(d) Perform such other duties and discharge such other functions as the chairman of the sangguniang
kabataan may prescribe or direct.

Section 433. Sangguniang Kabataan Treasurer. - The sangguniang kabataan treasurer shall:

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

(b) Collect and receive contributions, monies, materials, and all other sources intended for the
sangguniang kabataan and katipunan ng kabataan;

(c) Disburse funds in accordance with an approved budget of the sangguniang kabataan;

(d) Certify to the availability of funds whenever necessary;

(e) Submit to the sangguniang kabataan and to the sangguniang barangay certified and detailed
statements of actual income and expenditures at the end of every month; and

(f) Perform such other duties and discharge such other functions as the chairman of the sangguniang
kabataan may direct.

Section 434. Privileges of Sangguniang Kabataan Officials. - The sangguniang kabataan chairman shall
have the same privileges enjoyed by other sangguniang barangay officials under this Code subject to
such requirements and limitations provided herein. During their incumbency, sangguniang kabataan
officials shall be exempt from payment of tuition and matriculation fees while enrolled in public tertiary
schools, including state colleges and universities. The national government shall reimburse said college
or university the amount of the tuition and matriculation fees: Provided, That, to qualify for the privilege,
the said officials shall enroll in a state college or university within or nearest their area of jurisdiction.

Section 435. Succession and Filling of Vacancies. -

(a) In case a sangguniang kabataan chairman refuses to assume office, fails to qualify, is convicted of a
felony, voluntarily resigns, dies, is permanently incapacitated, is removed from office, or has been absent
without leave for more than three (3) consecutive months, the sangguniang kabataan member who
obtained the next highest number of votes in the election immediately preceding shall assume the office
of the chairman for the unexpired portion of the term, and shall discharge the powers and duties, and
enjoy the rights and privileges appurtenant to the office. In case the said member refuses to assume the
position or fails to qualify, the sangguniang member obtaining the next highest number of votes shall
assume the position of the chairman for the unexpired portion of the term.

(b) Where two (2) or more sangguniang kabataan members obtained the same next highest number of
votes, the other sangguniang kabataan members shall conduct an election to choose the successor to
the chairman from among the said members.

(c) After the vacancy shall have been filled, the sangguniang kabataan chairman shall call a special
election to complete the membership of said sanggunian. Such sangguniang kabataan member shall
hold office for the unexpired portion of the term of the vacant seat.

(d) In case of suspension of the sangguniang kabataan chairman, the successor, as determined in
subsections (a) and (b) of this Section shall assume the position during the period of such suspension.

CHAPTER IX
Pederasyon ng mga Sangguniang Kabataan

Section 436. Pederasyon ng mga Kabataan. -

(a) There shall be an organization of all the pederasyon ng mga sangguniang kabataan to be known as
follows:

(1) in municipalities pambayang pederasyon ng mga sangguniang kabataan;

(2) in cities, panlungsod na pederasyon ng mga sangguniang kabataan;

(3) in provinces, panlalawigang pederasyon ng mga kabataan;

(4) in special metropolitan political subdivisions, pangmetropolitan pederasyon ng mga sangguniang

kabataan; and

(5) on the national level pambansang pederasyon ng mga sangguniang kabataan.

(b) The pederasyon ng mga sangguniang kabataan shall, at all levels, elect from among themselves the
president, vice- president and such other officers as may be necessary and shall be organized in the
following manner:

(1) The panlungsod and pambayang pederasyon shall be composed of the sangguniang kabataan
chairmen of barangays in the city or municipality, respectively;

(2) The panlalawigang pederasyon shall be composed of presidents of the panlungsod and pambayang
pederasyon;

(3) The pangmetropolitang pederasyon shall be composed of presidents of the panlungsod and
pambayan pederasyon;
(c) The elected presidents of the pederasyon at the provincial, highly urbanized city, and metropolitan
political subdivision levels shall constitute the pambansang katipunan ng mga sangguniang kabataan.

Section 437. Constitution and By-Laws. - The term of office, manner of election, removal and suspension
of the officers of the pederasyon ng mga sangguniang kabataan at all levels shall be governed by the
constitution and by-laws of the pederasyon in conformity with the provisions of this Code and national
policies on youth.

Section 438. Membership in the Sanggunian. -

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

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

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

CHAPTER X
Linggo ng Kabataan

Section 439. Observance of Linggo ng Kabataan. -

(a) Every barangay, municipality, city and province shall, in coordination with the pederasyon ng mga
sangguniang kabataan at all levels, conduct an annual activity to be known as the Linggo ng Kabataan on
such date as shall be determined by the Office of the President.

(b) The observance of the Linggo ng Kabataan shall include the election of the counterparts of all local
elective and appointive officials, as well as heads of national offices or agencies stationed or assigned in
the territorial jurisdiction of the local government unit, among in-school and community youth residing
in the local government unit concerned from ages thirteen (13) to seventeen (17). During said week,
they shall hold office as boy and girl officials and shall perform such duties and conduct such activities as
may be provided in the ordinance enacted pursuant to this Chapter.

TITLE II
THE MUNICIPALITY

CHAPTER I
Role and Creation of the Municipality

Section 440. Role of the Municipality. - The municipality, consisting of a group of barangays, serves
primarily as a general purpose government for the coordination and delivery of basic, regular and direct
services and effective governance of the inhabitants within its territorial jurisdiction.

Section 441. Manner of Creation. - A municipality may be created, divided, merged, abolished, or its
boundary substantially altered only by an Act of Congress and subject to the approval by a majority of
the votes cast in a plebiscite to be conducted by the COMELEC in the local government unit or units
directly affected. Except as may otherwise be provided in the said Act, the plebiscite shall be held within
one hundred twenty (120) days from the date of its effectivity.

Section 442. Requisites for Creation. -

(a) A municipality may be created if it has an average annual income, as certified by the provincial
treasurer, of at least Two million five hundred thousand pesos (P2,500,000.00) for the last two (2)
consecutive years based on the 1991 constant prices; a population of at least twenty-five thousand
(25,000) inhabitants as certified by the National Statistics Office; and a contiguous territory of at least
fifty (50) square kilometers as certified by the Lands Management Bureau: Provided, That the creation
thereof shall not reduce the land area, population or income of the original municipality or
municipalities at the time of said creation to less than the minimum requirements prescribed herein.

(b) The territorial jurisdiction of a newly-created municipality shall be properly identified by metes and
bounds. The requirement on land area shall not apply where the municipality proposed to be created is
composed of one (1) or more islands. The territory need not be contiguous if it comprises two (2) or
more islands.

(c) The average annual income shall include the income accruing to the general fund of the municipality
concerned, exclusive of special funds, transfers and non-recurring income.

(d) Municipalities existing as of the date of the effectivity of this Code shall continue to exist and operate
as such. Existing municipal districts organized pursuant to presidential issuances or executive orders and
which have their respective set of elective municipal officials holding office at the time of the effectivity
of this Code shall henceforth be considered as regular municipalities.

CHAPTER II
Municipal Officials in General

Section 443. Officials of the Municipal Government. -

(a) There shall be in each municipality a municipal mayor, a municipal vice-mayor, sangguniang bayan
members, a secretary to the sangguniang bayan, a municipal treasurer, a municipal assessor, a municipal
accountant, a municipal budget officer, a municipal planning and development coordinator, a municipal
engineer/building official, a municipal health officer and a municipal civil registrar.

(b) In addition thereto, the mayor may appoint a municipal administrator, a municipal legal officer, a
municipal agriculturist, a municipal environment and natural resources officer, a municipal social welfare
and development officer, a municipal architect, and a municipal information officer.

(c) The sangguniang bayan may:

(1) Maintain existing offices not mentioned in subsections (a) and (b) hereof;

(2) Create such other offices as may be necessary to carry out the purposes of the municipal
government; or

(3) Consolidate the functions of any office with those of another in the interest of efficiency and
economy.
(d) Unless otherwise provided herein, heads of departments and offices shall be appointed by the
municipal mayor with the concurrence of the majority of all the sangguniang bayan members, subject to
civil service law, rules and regulations. The sangguniang bayan shall act on the appointment within
fifteen (15) days from the date of its submission; otherwise, the same shall be deemed confirmed.

(e) Elective and appointive municipal officials shall receive such compensation, allowances and other
emoluments as may be determined by law or ordinance, subject to the budgetary limitations on
personal services as prescribed in Title Five, Book Two of this Code: Provided, That no increase in
compensation of the mayor, vice-mayor, and sangguniang bayan members shall take effect until after the
expiration of the full term of all the elective local officials approving such increase.

CHAPTER III
Officials and Offices Common to All Municipalities

ARTICLE I
The Municipal Mayor

Section 444. The Chief Executive: Powers, Duties, Functions and Compensation. -

(a) The municipal mayor, as the chief executive of the municipal government, shall exercise such powers
and performs such duties and functions as provided by this Code and other laws.

(b) For efficient, effective and economical governance the purpose of which is the general welfare of the
municipality and its inhabitants pursuant to Section 16 of this Code, the municipal mayor shall:

(1) Exercise general supervision and control over all programs, projects, services, and activities of the
municipal government, and in this connection, shall:

(i) Determine the guidelines of municipal policies and be responsible to the sangguniang bayan for the
program of government;

(ii) Direct the formulation of the municipal development plan, with the assistance of the municipal
development council, and upon approval thereof by the sangguniang bayan, implement the same;

(iii) At the opening of the regular session of the sangguniang bayan for every calendar year and, as may
be deemed necessary, present the program of government and propose policies and projects for the
consideration of the sangguniang bayan as the general welfare of the inhabitants and the needs of the
municipal government may require;

(iv) Initiate and propose legislative measures to the sangguniang bayan and, from time to time as the
situation may require, provide such information and data needed or requested by said sanggunian in the
performance of its legislative functions;

(v) Appoint all officials and employees whose salaries and wages are wholly or mainly paid out of
municipal funds and whose appointments are not otherwise provided for in this Code, as well as those
he may be authorized by law to appoint;

(vi) Upon authorization by the sangguniang bayan, represent the municipality in all its business
transactions and sign on its behalf all bonds, contracts, and obligations, and such other documents made
pursuant to law or ordinance;
(vii) Carry out such emergency measures as may be necessary during and in the aftermath of man-made
and natural disasters and calamities;

(viii) Determine, according to law or ordinance, the time, manner and place of payment of salaries or
wages of the officials and employees of the municipality;

(ix) Allocate and assign office space to municipal and other officials and employees who, by law or
ordinance, are entitled to such space in the municipal hall and other buildings owned or leased by the
municipal government;

(x) Ensure that all executive officials and employees of the municipality faithfully discharge their duties
and functions as provided by law and this Code, and cause to be instituted administrative or judicial
proceedings against any official or employee of the municipality who may have committed as offense in
the performance of his official duties;

(xi) Examine the books, records and other documents of all offices, officials, agents or employees of the
municipality and in aid of his executive powers and authority, require all national officials and employees
stationed in or assigned to the municipality to make available to him such books, records, and other
documents in their custody, except those classified by law as confidential;

(xii) Furnish copies of executive orders issued by him to the provincial governor within seventy-two (72)
hours after their issuance: Provided, That municipalities of Metropolitan Manila Area and that of any
metropolitan political subdivision shall furnish copies of said executive orders to the metropolitan
authority council chairman and to the Office of the President;

(xiii) Visit component barangays of the municipality at least once every six (6) months to deepen his
understanding of problems and conditions therein, listen and give appropriate counsel to local officials
and inhabitants, inform the component barangay officials and inhabitants of general laws and ordinances
which especially concern them, and otherwise conduct visits and inspections to the end that the
governance of the municipality will improve the quality of life of the inhabitants;

(xiv) Act on leave applications of officials and employees appointed by him and the commutation of the
monetary value of leave credits according to law;

(xv) Authorize official trips outside of the municipality of municipal officials and employees for a period
not exceeding thirty (30) days;

(xvi) Call upon any national official or employee stationed in or assigned to the municipality to advise
him on matters affecting the municipality and to make recommendations thereon, or to coordinate in
the formulation and implementation of plans, programs and projects, and when appropriate, initiate an
administrative or judicial action against a national government official or employee who may have
committed an offense in the performance of his official duties while stationed in or assigned to the local
government unit concerned;

(xvii) Subject to availability of funds, authorize payment of medical care, necessary transportation,
subsistence, hospital or medical fees of municipal officials and employees who are injured while in the
performance of their official duties and functions;

(xviii) Solemnize marriages, any provision of law to the contrary notwithstanding;

(xix) Conduct a palarong bayan, in coordination with the Department of Education, Culture and Sports,
as an annual activity which shall feature traditional sports and disciplines included in national and
international games; and

(xx) Submit to the provincial governor the following reports: an annual report containing a summary of
all matters pertaining to the management, administration and development of the municipality and all
information and data relative to its political, social and economic conditions; and supplemental reports
when unexpected events and situations arise at any time during the year, particularly when man-made
or natural disasters or calamities affect the general welfare of the municipality, province, region or
country. mayors of municipalities of the Metropolitan Manila Area and other metropolitan political
subdivisions shall submit said reports to their respective metropolitan council chairmen and to the Office
of the President;

(2) Enforce all laws and ordinances relative to the governance of the municipality and the exercise of its
corporate powers provided for under Section 22 of this Code implement all approved policies, programs,
projects, services and activities of the municipality and, in addition to the foregoing, shall:

(i) Ensure that the acts of the municipality's component barangays and of its officials and employees are
within the scope of their prescribed powers, functions, duties and responsibilities;

(ii) Call conventions, conferences, seminars or meetings of any elective and appointive officials of the
municipality, including provincial officials and national officials and employees stationed in or assigned to
the municipality at such time and place and on such subject as he may deem important for the
promotion of the general welfare of the local government unit and its inhabitants;

(iii) Issue such executive orders as are necessary for the proper enforcement and execution of laws and
ordinances;

(iv) Be entitled to carry the necessary firearm within his territorial jurisdiction;

(v) Act as the deputized representative of the National Police Commission, formulate the peace and
order plan of the municipality and upon its approval implement the same and exercise general and
operational control and supervision over the local police in the municipality in accordance with R.A. No
6975;

(vi) Call upon the appropriate law enforcement agencies to suppress disorder, riot, lawless violence,
rebellion or sedition or to apprehend violators of the law when public interest so requires and the
municipal police forces are inadequate to cope with the situation or the violators;

(3) Initiate and maximize the generation of resources and revenues, and apply the same to the
implementation of development plans, program objectives and priorities as provided for under Section
18 of this Code, particularly those resources and revenues programmed for gro-industrial development
and country-wide growth and progress, and relative thereto, shall:

(i) Require each head of an office or department to prepare and submit an estimate of appropriations for
the ensuing calendar year, in accordance with the budget preparation process under Title Five, Book II of
this Code;
(ii) Prepare and submit to the sanggunian for approval the executive and supplemental budgets of the
municipality for the ensuing calendar year in the manner provided for under Title Five, Book II of this
Code;

(iii) Ensure that all taxes and other revenues of the municipality are collected and that municipal funds
are applied in accordance with law or ordinance to the payment of expenses and settlement of
obligations of the municipality;

(iv) Issue licenses and permits and suspend or revoke the same for any violation of the conditions upon
which said licenses or permits had been issued, pursuant to law or ordinance;

(v) Issue permits, without need of approval therefor from any national agency, for the holding of
activities for any charitable or welfare purpose, excluding prohibited games of chance or shows contrary
to law, public policy and public morals;

(vi) Require owners of illegally constructed houses, buildings or other structures to obtain the necessary
permit, subject to such fines and penalties as may be imposed by law or ordinance, or to make necessary
changes in the construction of the same when said construction violates any law or ordinance, or to
order the demolition or removal of said house, building or structure within the period prescribed by law
or ordinance;

(vii) Adopt adequate measures to safeguard and conserve land, mineral, marine, forest, and other
resources of the municipality; provide efficient and effective property and supply management in the
municipality; and protect the funds, credits, rights and other properties of the municipality; and

(viii) Institute or cause to be instituted administrative or judicial proceedings for violation of ordinances
in the collection of taxes, fees or charges, and for the recovery of funds and property; and cause the
municipality to be defended against all suits to ensure that its interests, resources and rights shall be
adequately protected;

(4) Ensure the delivery of basic services and the provision of adequate facilities as provided for under
Section 17 of this Code and, in addition thereto, shall:

(i) Ensure that the construction and repair of roads and highways funded by the national government
shall be, as far as practicable, carried out in a spatially contiguous manner and in coordination with the
construction and repair of the roads and bridges of the municipality and the province; and

(ii) Coordinate the implementation of technical services rendered by national and provincial offices,
including public works and infrastructure programs in the municipality; and

(5) Exercise such other powers and perform such other duties and functions as may be prescribed by law
or ordinance.

(c) During his incumbency, the municipal mayor shall hold office in the municipal hall.

(d) The municipal mayor shall receive a minimum monthly compensation corresponding to Salary Grade
twenty-seven (27) as prescribed under R.A. No. 6758 and the implementing guidelines issued pursuant
thereto.
ARTICLE II
The Vice Mayor

Section 445. Powers, Duties and Compensation. -

(a) The vice-mayor shall:

(1) Be the presiding officer of the sangguniang bayan and sign all warrants drawn on the municipal
treasury for all expenditures appropriated for the operation of the sangguniang bayan;

(2) Subject to civil service law, rules and regulations, appoint all officials and employees of the
sangguniang bayan, except those whose manner of appointment is specifically provided in this Code;

(3) Assume the office of the municipal mayor for the unexpired term of the latter in the event of
permanent vacancy as provided for in Section 44, Book I of this Code;

(4) Exercise the powers and perform the duties and functions of the municipal mayor in cases of
temporary vacancy as provided for in Section 46, Book I of this Code; and

(5) Exercise such other powers and perform such other duties and functions as may be prescribed by law
or ordinance.

(b) The vice-mayor shall receive a monthly compensation corresponding to Salary Grade twenty five (25)
as prescribed under R.A. No. 6758 and the implementing guidelines issued pursuant thereto.

ARTICLE III
The Sangguniang Bayan

Section 446. Composition. -

(a) The sangguniang bayan, the legislative body of the municipality, shall be composed of the municipal
vice mayor as the presiding officer, the regular sanggunian members, the president of the municipal
chapter of the liga ng mga barangay, the president of the pambayang pederasyon ng mga sangguniang
kabataan, and the sectoral representatives, as members.

(b) In addition thereto, there shall be three (3) sectoral representatives: one (1) from the women; and as
shall be determined by the sanggunian concerned within ninety (90) days prior to the holding of local
elections, one (1) from the agricultural or industrial workers, and one (1) from other sectors, including
the urban poor, indigenous cultural communities, or disabled persons.

(c) The regular members of the sangguniang bayan and the sectoral representatives shall be elected in
the manner as may be provided for by law.

Section 447. Powers, Duties, Functions and Compensation. -

(a) The sangguniang bayan, as the legislative body of the municipality, shall enact ordinances, approve
resolutions and appropriate funds for the general welfare of the municipality and its inhabitants
pursuant to Section 16 of this Code and in the proper exercise of the corporate powers of the
municipality as provided for under Section 22 of this Code, and shall:
(1) Approve ordinances and pass resolutions necessary for an efficient and effective municipal
government, and in this connection shall:

(i) Review all ordinances approved by the sangguniang barangay and executive orders issued by the
punong barangay to determine whether these are within the scope of the prescribed powers of the
sanggunian and of the punong barangay;

(ii) Maintain peace and order by enacting measures to prevent and suppress lawlessness, disorder, riot,
violence, rebellion or sedition and impose penalties for the violation of said ordinances;

(iii) Approve ordinances imposing a fine not exceeding Two thousand five hundred pesos (P2,500.00) or
an imprisonment for a period not exceeding six (6) months, or both in the discretion of the court, for the
violation of a municipal ordinance;

(iv) Adopt measures to protect the inhabitants of the municipality from the harmful effects of man-made
or natural disasters and calamities and to provide relief services and assistance for victims during and in
the aftermath of said disasters or calamities and their return to productive livelihood following said
events;

(v) Enact ordinances intended to prevent, suppress and impose appropriate penalties for habitual
drunkenness in public places, vagrancy, mendicancy, prostitution, establishment and maintenance of
houses of ill repute, gambling and other prohibited games of chance, fraudulent devices and ways to
obtain money or property, drug addiction, maintenance of drug dens, drug pushing, juvenile
delinquency, the printing, distribution or exhibition of obscene or pornographic materials or
publications, and such other activities inimical to the welfare and morals of the inhabitants of the
municipality;

(vi) Protect the environment and impose appropriate penalties for acts which endanger the
environment, such as dynamite fishing and other forms of destructive fishing, illegal logging and
smuggling of logs, smuggling of natural resources products and of endangered species of flora and fauna,
slash and burn farming, and such other activities which result in pollution, acceleration of eutrophication
of rivers and lakes, or of ecological imbalance;

(vii) Subject to the provisions of this Code and pertinent laws, determine the powers and duties of
officials and employees of the municipality;

(viii) Determine the positions and salaries, wages, allowances and other emoluments and benefits of
officials and employees paid wholly or mainly from municipal funds and provide for expenditures
necessary for the proper conduct of programs. projects, services, and activities of the municipal
government;

(ix) Authorize the payment of compensation to a qualified person not in the government service who fills
up a temporary vacancy or grant honorarium to any qualified official or employee designated to fill a
temporary vacancy in a concurrent capacity, at the rate authorized by law;

(x) Provide a mechanism and the appropriate funds therefor, to ensure the safety and protection of all
municipal government property, public documents, or records such as those relating to property
inventory, land ownership, records of births, marriages, deaths, assessments, taxation, accounts,
business permits, and such other records and documents of public interest in the offices and
departments of the municipal government;

(xi) When the finances of the municipal government allow, provide for additional allowances and other
benefits to judges, prosecutors, public elementary and high school teachers, and other national
government officials stationed in or assigned to the municipality;

(xii) Provide for legal assistance to barangay officials who, in the performance of their official duties or on
the occasion thereof, have to initiate judicial proceedings or defend themselves against legal action; and

(xii) Provide for group insurance or additional insurance coverage for barangay officials, including
members of barangay tanod brigades and other service units, with public or private insurance
companies, when the finances of the municipal government allow said coverage.

(2) Generate and maximize the use of resources and revenues for the development plans, program
objectives and priorities of the municipality as provided for under Section 18 of this Code with particular
attention to agro-industrial development and countryside growth and progress, and relative thereto,
shall:

(i) Approve the annual and supplemental budgets of the municipal government and appropriate funds
for specific programs, projects, services and activities of the municipality, or for other purposes not
contrary to law, in order to promote the general welfare of the municipality and its inhabitants;

(ii) Subject to the provisions of Book II of this Code and applicable laws and upon the majority vote of all
the members of the sangguniang bayan, enact ordinances levying taxes, fees and charges, prescribing
the rates thereof for general and specific purposes, and granting tax exemptions, incentives or reliefs;

(iii) Subject to the provisions of Book II of this Code and upon the majority vote of all the members of the
sangguniang bayan, authorize the municipal mayor to negotiate and contract loans and other forms of
indebtedness;

(iv) Subject to the provisions of Book II of this Code and applicable laws and upon the majority vote of all
the members of the sangguniang bayan, enact ordinances authorizing the floating of bonds or other
instruments of indebtedness, for the purpose of raising funds to finance development projects;

(v) Appropriate funds for the construction and maintenance or the rental of buildings for the use of the
municipality and, upon the majority vote of all the members of the sangguniang bayan, authorize the
municipal mayor to lease to private parties such public buildings held in a proprietary capacity, subject to
existing laws, rules and regulations;

(vi) Prescribe reasonable limits and restraints on the use of property within the jurisdiction of the
municipality:

(vii) Adopt a comprehensive land use plan for the municipality: Provided, That the formulation, adoption,
or modification of said plan shall be in coordination with the approved provincial comprehensive land
use plan;

(viii) Reclassify land within the jurisdiction of the municipality, subject to the pertinent provisions of this
Code;
(ix) Enact integrated zoning ordinances in consonance with the approved comprehensive land use plan,
subject to existing laws, rules and regulations; established fire limits or zones, particularly in populous
centers; and regulate the construction, repair or modification of buildings within said fire limits or zones
in accordance with the provisions of this Code;

(x) Subject to national law, process and approve subdivision plans for residential, commercial, or
industrial purposes and other development purposes, and collect processing fees and other charges the
proceeds of which shall accrue entirely to the municipality: Provided, however, That, where approval by
a national agency or office is required, said approval shall not be withheld for more than thirty (30) days
from receipt of the application. Failure to act on the application within the period stated above shall be
deemed as approval thereof;

(xi) Subject to the provisions of Book II of this Code, grant the exclusive privilege of constructing fish
corrals or fish pens, or the taking or catching of bangus fry, prawn fry or kawag-kawag of fry of any
species or fish within the municipal waters;

(xii) With the concurrence of at least two-thirds (2/3) of all the members of the sangguniang bayan,
grant tax exemptions, incentives or reliefs to entities engaged in community growth-inducing industries,
subject to the provisions of Chapter 5, Title I, Book II of this Code.

(xiii) Grant loans or provide grants to other local government units or to national, provincial and
municipal charitable, benevolent or educational institutions: Provided, That said institutions are
operated and maintained within the municipality;

(xiv) Regulate the numbering of residential, commercial and other buildings; and

(xv) Regulate the inspection, weighing and measuring of articles of commerce.

(3) Subject to the provisions of Book II of this Code, grant franchises, enact ordinances authorizing the
issuance of permits or licenses, or enact ordinances levying taxes, fees and charges upon such conditions
and for such purposes intended to promote the general welfare of the inhabitants of the municipality,
and pursuant to this legislative authority shall:

(i) Fix and impose reasonable fees and charges for all services rendered by the municipal government to
private persons or entities;

(ii) Regulate any business, occupation, or practice of profession or calling which does not require
government examination within the municipality and the conditions under which the license for said
business or practice of profession may be issued or revoked;

(iii) Prescribe the terms and conditions under which public utilities owned by the municipality shall be
operated by the municipal government or leased to private persons or entities, preferably cooperatives;

(iv) Regulate the display of and fix the license fees for signs, signboards, or billboards at the place or
places where the profession or business advertised thereby is, in whole or in part, conducted;

(v) Any law to the contrary notwithstanding, authorize and license the establishment, operation, and
maintenance of cockpits, and regulate cockfighting and commercial breeding of gamecocks: Provided,
That existing rights should not be prejudiced;
(vi) Subject to the guidelines prescribed by the Department of Transportation and Communications,
regulate the operation of tricycles and grant franchises for the operation thereof within the territorial
jurisdiction of the municipality;

(vii) Upon approval by a majority vote of all the members of the sangguniang bayan, grant a franchise to
any person, partnership, corporation, or cooperative to establish, construct, operate and maintain
ferries, wharves, markets or slaughterhouses, or such other similar activities within the municipality as
may be allowed by applicable laws: Provided, That, cooperatives shall be given preference in the grant of
such a franchise.

(4) Regulate activities relative to the use of land, buildings and structures within the municipality in order
to promote the general welfare and for said purpose shall:

(i) Declare, prevent or abate any nuisance;

(ii) Require that buildings and the premises thereof and any land within the municipality be kept and
maintained in a sanitary condition; impose penalties for any violation thereof, or upon failure to comply
with said requirement, have the work done and require the owner, administrator or tenant concerned to
pay the expenses of the same; or require the filling up of any land or premises to a grade necessary for
proper sanitation;

(iii) Regulate the disposal of clinical and other wastes from hospitals, clinics and other similar
establishments;

(iv) Regulate the establishment, operation and maintenance of cafes, restaurants, beerhouses, hotels,
motels, inns, pension houses, lodging houses, and other similar establishments, including tourist guides
and transports;

(v) Regulate the sale, giving away or dispensing of any intoxicating malt, vino, mixed or fermented liquors
at any retail outlet;

(vi) Regulate the establishment and provide for the inspection of steam boilers or any heating device in
buildings and the storage of inflammable and highly combustible materials within the municipality;

(vii) Regulate the establishment, operation, and maintenance of entertainment or amusement facilities,
including theatrical performances, circuses, billiards pools, public dancing schools, public dance halls,
sauna baths, massage parlors, and other places of entertainment or amusement; regulate such other
events or activities for amusement or entertainment, particularly those which tend to disturb the
community or annoy the inhabitants, or require the suspension or suppression of the same; or, prohibit
certain forms of amusement or entertainment in order to protect the social and moral welfare of the
community;

(viii) Provide for the impounding of stray animals; regulate the keeping of animals in homes or as part of
a business, and the slaughter, sale or disposition of the same; and adopt measures to prevent and
penalize cruelty to animals; and

(ix) Regulate the establishment, operation, and maintenance of funeral parlors and the burial or
cremation of the dead, subject to existing laws, rules and regulations.
(5) Approve ordinances which shall ensure the efficient and effective delivery of the basic services and
facilities as provided for under Section 17 of this Code, and in addition to said services and facilities,
shall:

(i) Provide for the establishment, maintenance, protection, and conservation of communal forests and
watersheds, tree parks, greenbelts, mangroves, and other similar forest development projects;

(ii) Establish markets, slaughterhouses or animal corrals and authorize the operation thereof, and
regulate the construction and operation of private markets, talipapas or other similar buildings and
structures;

(iii) Authorize the establishment, maintenance and operation of ferries, wharves, and other structures,
and marine and seashore or offshore activities intended to accelerate productivity;

(iv) Regulate the preparation and sale of meat, poultry, fish, vegetables, fruits, fresh dairy products, and
other foodstuffs for public consumption;

(v) Regulate the use of streets, avenues, alleys, sidewalks, bridges, parks and other public places and
approve the construction, improvement, repair and maintenance of the same; establish bus and vehicle
stops and terminals or regulate the use of the same by privately-owned vehicles which serve the public;
regulate garages and the operation of conveyances for hire; designate stands to be occupied by public
vehicles when not in use; regulate the putting up of signs, signposts, awnings and awning posts on the
streets; provide for the lighting, cleaning and sprinkling of streets and public places;

(vi) Regulate traffic on all streets and bridges, prohibit the putting up of encroachments or obstacles
thereon, and, when necessary in the interest of public welfare, authorize the removal of encroachments
and illegal constructions in public places;

(vii) Subject to existing laws, provide for the establishment, operation, maintenance, and repair of an
efficient waterworks system to supply water for the inhabitants; regulate the construction, maintenance,
repair and use of hydrants, pumps, cisterns and reservoirs; protect the purity and quantity of the water
supply of the municipality and, for this purpose, extend the coverage of appropriate ordinances over all
territory within the drainage area of said water supply and within one hundred (100) meters of the
reservoir, conduit, canal, aqueduct, pumping station, or watershed used in connection with the water
service; and regulate the consumption, use or wastage of water;

(viii) Regulate the drilling and excavation of the ground for laying of water, gas, sewer, and other pipes
and the construction, repair and maintenance of public drains, sewers, cesspools, tunnels and similar
structures; regulate the placing of poles and the use of crosswalks, curbs, and gutters; adopt measures to
ensure public safety against open canals, manholes, live wires and other similar hazards to life and
property; and regulate the construction and use of private water closets, privies and other similar
structures in buildings and homes;

(ix) Regulate the placing, stringing, attaching, installing, repair and construction of all gas mains, electric,
telegraph and telephone wires, conduits, meters and other apparatus; and, provide for the correction,
condemnation or removal of the same when found to be dangerous, defective or otherwise hazardous to
the welfare of the inhabitants;
(x) Subject to the availability of funds and to existing laws, rules and regulations, establish and provide
for the operation of vocational and technical schools and similar post-secondary institutions and, with
the approval of the Department of Education. Culture and Sports, fix and collect reasonable fees and
other school charges on said institutions, subject to existing laws on tuition fees;

(xi) Establish a scholarship fund for poor but deserving students residing within the municipality in
schools located within its jurisdiction;

(xii) Approve measures and adopt quarantine regulations to prevent the introduction and spread of
diseases;

(xiii) Provide for an efficient and effective system of solid waste and garbage collection disposal and
prohibit littering and the placing or throwing of garbage, refuse and other filth and wastes;

(xiv) Provide for the care of paupers, the aged, the sick, persons of unsound mind, disabled persons,
abandoned minors, juvenile delinquents, drug dependents, abused children and other needy and
disadvantaged persons, particularly children and youth below eighteen (18) years of age and, subject to
availability of funds, establish and provide for the operation of centers and facilities for said needy and
disadvantaged persons;

(xv) Establish and provide for the maintenance and improvement of jails and detention centers, institute
sound jail management programs, and appropriate funds for the subsistence of detainees and convicted
prisoners in the municipality;

(xvi) Establish a municipal council whose purpose is the promotion of culture and the arts, coordinate
with government agencies and non-governmental organizations and, subject to the availability of funds,
appropriate funds for the support and development of the same; and

(xvi) Establish a municipal council for the orderly which shall formulate policies and adopt measures
mutually beneficial to the elderly and to the community; provide incentives for non-governmental
agencies and entities and, subject to the availability of funds, appropriate funds to support programs and
projects for the benefit of the elderly; and

(6) Exercise such other powers and perform such other duties and functions as may be prescribed by law
or ordinance.

(b) The members of the sangguniang bayan shall receive a minimum monthly compensation
corresponding to Salary Grade twenty-four (24) as prescribed under R.A. No. 6758 and the implementing
guidelines issued pursuant thereto: Provided, That, in municipalities in Metropolitan Manila Area and
other metropolitan political subdivisions, members of the sangguniang bayan shall receive a minimum
monthly compensation corresponding to Salary grade twenty-five (25).

TITLE III
THE CITY

CHAPTER I
Role and Creation of the City
Section 448. Role of the City. - The city, consisting of more urbanized and developed barangays. serves as
a general purpose government for the coordination and delivery of basic, regular, and direct services and
effective governance of the inhabitants within its territorial jurisdiction.

Section 449. Manner of Creation. - A city may be created, divided, merged, abolished, or its boundary
substantially altered, only by an Act of Congress, and subject to approval by a majority of the votes cast
in a plebiscite to be conducted by the COMELEC in the local government unit or units directly affected.
Except as may otherwise be provided in such Act. the plebiscite shall be held within one hundred twenty
(120) days from the date of its effectivity.

Section 450. Requisites for Creation.

(a) A municipality or a cluster of barangays may be converted into a component city if it has an average
annual income, as certified by the Department of Finance, of at least Twenty million (P20,000,000.00) for
the last two (2) consecutive years based on 1991 constant prices, and if it has either of the following
requisites:

(i) a contiguous territory of at least one hundred (100) square kilometers, as certified by the Lands
Management Bureau; or

(ii) a population of not less than one hundred fifty thousand (150,000) inhabitants, as certified by the
National Statistics Office:

Provided, That, the creation thereof shall not reduce the land area, population, and income of the
original unit or units at the time of said creation to less than the minimum requirements prescribed
herein.

(b) The territorial jurisdiction of a newly-created city shall be properly identified by metes and bounds.
The requirement on land area shall not apply where the city proposed to be created is composed of one
(1) or more islands. The territory need not be contiguous if it comprises two (2) or more islands.

(c) The average annual income shall include the income accruing to the general fund, exclusive of specific
funds, transfers, and non-recurring income.

Section 451. Cities, Classified. - A city may either be component or highly urbanized: Provided, however,
That the criteria established in this Code shall not affect the classification and corporate status of existing
cities.

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

Section 452. Highly Urbanized Cities.

(a) Cities with a minimum population of two hundred thousand (200,000) inhabitants as certified by the
National Statistics Office, and within the latest annual income of at least Fifty Million Pesos
(P50,000,000.00) based on 1991 constant prices, as certified by the city treasurer, shall be classified as
highly urbanized cities.
(b) Cities which do not meet above requirements shall be considered component cities of the province in
which they are geographically located. If a component city is located within the boundaries of two (2) or
more provinces, such city shall be considered a component of the province of which it used to be a
municipality.

(c) Qualified voters of highly urbanized cities shall remain excluded from voting for elective provincial
officials.

Unless otherwise provided in the Constitution or this Code, qualified voters of independent component
cities shall be governed by their respective charters, as amended, on the participation of voters in
provincial elections.

Qualified voters of cities who acquired the right to vote for elective provincial officials prior to the
classification of said cities as highly-urbanized after the ratification of the Constitution and before the
effectivity of this Code, shall continue to exercise such right.

Section 453. Duty to Declare Highly Urbanized Status. - It shall be the duty of the President to declare a
city as highly urbanized within thirty (30) days after it shall have met the minimum requirements
prescribed in the immediately preceding section, upon proper application therefor and ratification in a
plebiscite by the qualified voters therein.

CHAPTER II
City Officials in General

Section 454. Officials of the City Government.

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

(b) In addition thereto, the city mayor may appoint a city architect, a city information officer, a city
agriculturist, a city population officer, a city environment and natural resources officer, and a city
cooperatives officer.

The appointment of a city population officer shall be optional in the city: Provided, however, That cities
which have existing population offices shall continue to maintain such offices for a period of five (5) years
from the date of the effectivity of this Code, after which said offices shall become optional.

(c) The sangguniang panlungsod may:

(1) Maintain existing offices not mentioned in subsections (a) and (b) hereof;

(2) Create such other offices as may be necessary to carry out the purposes of the city government; or

(3) Consolidate the functions of any office with those of another in the interest of efficiency and
economy.

(d) Unless otherwise provided herein, heads of departments and offices shall be appointed by the city
mayor with the concurrence of the majority of all the sangguniang panlungsod members, subject to civil
service law, rules and regulations. The sangguniang panlungsod shall act on the appointment within
fifteen (15) days from the date of its submission, otherwise the same shall be deemed confirmed.

(e) Elective and appointive city officials shall receive such compensation, allowances, and other
emoluments as may be determined by law or ordinance, subject to the budgetary limitations on
personal services prescribed under Title Five, Book II of this Code: Provided, That, no increase in
compensation of the mayor, vice-mayor and sangguniang panlungsod members shall take effect until
after the expiration of the full term of the said local officials approving such increase.

CHAPTER III
Officials and Offices Common to All Cities

ARTICLE I
The City Mayor

Section 455. Chief Executive; Powers, Duties and Compensation.

(a) The city mayor, as chief executive of the city government, shall exercise such powers and perform
such duties and functions as provided by this Code and other laws.

(b) For efficient, effective and economical governance the purpose of which is the general welfare of the
city and its inhabitants pursuant to Section 16 of this Code, the city mayor shall:

(1) Exercise general supervision and control over all programs, projects, services, and activities of the city
government. and in this connection, shall:

(i) Determine the guidelines of city policies and be responsible to the sangguniang panlungsod for the
program of government;

(ii) Direct the formulation of the city development plan, with the assistance of the city development
council, and upon approval thereof by the sangguniang panlungsod, implement the same;

(iii) Present the program of government and propose policies and projects for the consideration of the
sangguniang panlungsod at the opening of the regular session of the sangguniang panlungsod every
calendar year and as often as may be deemed necessary as the general welfare of the inhabitants and
the needs of the city government may require;

(iv) Initiate and propose legislative measures to the sangguniang panlungsod and as often as may be
deemed necessary, provide such information and data needed or requested by said sanggunian in the
performance of its legislative functions;

(v) Appoint all officials and employees whose salaries and wages are wholly or mainly paid out of city
funds and whose appointments are not otherwise provided for in this Code, as well as those he may be
authorized by law to appoint;

(vi) Represent the city in all its business transactions and sign in its behalf all bonds, contracts, and
obligations, and such other documents upon authority of the sangguniang panlungsod or pursuant to
law or ordinance;

(vii) Carry out such emergency measures as may be necessary during and in the aftermath of man-made
and natural disasters and calamities;
(viii) Determine the time, manner and place of payment of salaries or wages of the officials and
employees of the city, in accordance with law or ordinance;

(ix) Allocate and assign office space to city and other officials and employees who, by law or ordinance,
are entitled to such space in the city hall and other buildings owned or leased by the city government;

(x) Ensure that all executive officials and employees of the city faithfully discharge their duties and
functions as provided by law and this Code, and cause to be instituted administrative or judicial
proceedings against any official or employee of the city who may have committed an offense in the
performance of his official duties;

(xi) Examine the books, records and other documents of all offices, officials, agents or employees of the
city and, in aid of his executive powers and authority, require all national officials and employees
stationed in or assigned to the city to make available to him such books, records, and other documents
in their custody, except those classified by law as confidential;

(xii) Furnish copies of executive orders issued by him, to the provincial governor in the case of
component city mayors, to the Office of the President in the case of highly-urbanized city mayors and to
their respective metropolitan council chairmen in the case of mayors of cities in the Metropolitan Manila
Area and other metropolitan political subdivisions, within seventy-two (72) hours after their issuances;

(xiii) Visit component barangays of the city at least once every six (6) months to deepen his
understanding of problems and conditions, listen and give appropriate counsel to, local officials and
inhabitants, inform the component barangay officials and inhabitants of general laws and ordinances
which especially concern them, and otherwise conduct visits and inspections to ensure that the
governance of the city will improve the quality of life of the inhabitants;

(xiv) Act on leave applications of officials and employees appointed by him and the commutation of the
monetary value of their leave credits in accordance with law;

(xv) Authorize official trips of city officials and employees outside of the city for a period not exceeding
thirty (30) days;

(xvi) Call upon any national official or employee stationed in or assigned to the city to advise him on
matters affecting the city and to make recommendations thereon; coordinate with said official or
employee in the formulation and implementation of plans, programs and projects; and, when
appropriate, initiate an administrative or judicial action against a national government official or
employee who may have committed an offense in the performance of his official duties while stationed
in or assigned to the city;

(xvii) Authorize payment for medical care, necessary transportation, subsistence, hospital or medical fees
of city officials and employees who are injured while in the performance of their duties and functions,
subject to availability of funds;

(xviii) Solemnize marriage, any provision of law to the contrary notwithstanding;

(xix) Conduct an annual palarong panlungsod, which shall feature traditional sports and disciplines
included in national and international games, in coordination with the Department of Education, Culture
and Sports; and
(xx) Submit to the provincial governor, in case of component cities; to the Office of the President, in the
case of highly-urbanized cities; to their respective metropolitan authority council chairmen and to the
Office of the President, in case of cities of the Metropolitan Manila Area and other metropolitan political
subdivisions, the following reports: an annual report containing a summary of all matters pertinent to
the management, administration and development of the city and all information and data relative to its
political, social and economic conditions; and supplemental reports when unexpected events and
situations arise at any time during the year, particularly when man-made or natural disasters or
calamities affect the general welfare of the city, province, region or country;

(2) Enforce all laws and ordinances relative to the governance of the city and in the exercise of the
appropriate corporate powers provided for under Section 22 of this Code, implement all approved
policies, programs, projects, services and activities of the city and, in addition to the foregoing, shall:

(i) Ensure that the acts of the city's component barangays and of its officials and employees are within
the scope of their prescribed powers, duties and functions;

(ii) Call conventions, conferences, seminars, or meetings of any elective and appointive officials of the
city, including provincial officials and national officials and employees stationed in or assigned to the city,
at such time and place and on such subject as he may deem important for the promotion of the general
welfare of the local government unit and its inhabitants;

(ii) Issue such executive orders for the faithful and appropriate enforcement and execution of laws and
ordinances;

(iv) Be entitled to carry the necessary firearm within his territorial jurisdiction;

(v) Act as the deputized representative of the National Police Commission, formulate the peace and
order plan of the city and upon its approval, implement the same; and as such exercise general and
operational control and supervision over the local police forces in the city, in accordance with R.A. No.
6975;

(vi) Call upon the appropriate law enforcement agencies to suppress disorder, riot, lawless violence,
rebellion or sedition, or to apprehend violators of the law when public interest so requires and the city
police forces are inadequate to cope with the situations or the violators;

(3) Initiate and maximize the generation of resources and revenues, and apply the same to the
implementation of development plans, program objectives and priorities as provided for under Section
18 of this Code, particularly those resources and revenues programmed for agro-industrial development
and countryside growth and progress and, relative thereto, shall:

(i) Require each head of an office or department to prepare and submit an estimate of appropriations for
the ensuing calendar year, in accordance with the budget preparations process under Title Five, Book II
of this Code;

(ii) Prepare and submit to the sanggunian for approval the executive and supplemental budgets of the
city for the ensuing calendar year in the manner provided for under Title Five, Book II of this Code;

(iii) Ensure that all taxes and other revenues of the city are collected, and that city funds are applied to
the payment of expenses and settlement of obligations of the city, in accordance with law or ordinance;
(iv) Issue licenses and permits and suspend or revoke the same for any violation of the conditions upon
which said licenses or permits had been issued, pursuant to law or ordinance;

(v) Issue permits, without need of approval therefor from any national agency, for the holding of
activities for any charitable or welfare purpose, excluding prohibited games of chance or shows contrary
to law, public policy and public morals;

(vi) Require owners of illegally constructed houses, buildings or other structures to obtain the necessary
permit, subject to such fines and penalties as may be imposed by law or ordinance, or to make necessary
changes in the construction of the same when said construction violates any law or ordinance, or to
order the demolition or removal of said house, building or structure within the period prescribed by law
or ordinance;

(vii) Adopt adequate measures to safeguard and conserve land, mineral, marine, forest, and other
resources of the city; provide efficient and effective property and supply management in the city; and
protect the funds, credits, rights and other properties of the city; and

(viii) Institute or cause to be instituted administrative or judicial proceedings for violation of ordinances
in the collection of taxes, fees or charges, and for the recovery of funds and property; and cause the city
to be defended against all suits to ensure that its interests, resources and rights shall be adequately
protected;

(4) Ensure the delivery of basic services and the provision of adequate facilities as provided for under
Section 17 of this Code and, in addition thereto, shall:

(i) Ensure that the construction and repair of roads and highways funded by the national government
shall be, as far as practicable, carried out in a spatially contiguous manner and in coordination with the
construction and repair of the roads and bridges of the city, and in the case of component cities, of the
city and of the province; and

(ii) Coordinate the implementation of technical services, including public works and infrastructure
programs, rendered by national offices in the case of highly urbanized and independent component
cities, and by national and provincial offices in the case of component cities; and

(5) Exercise such other powers and perform such other duties and functions as may be prescribed by law
or ordinance.

(c) During his incumbency, the city mayor shall hold office in the city hall.

(d) The city mayor shall receive a minimum monthly compensation corresponding to Salary Grade Thirty
(30) as prescribed under R.A. No. 6758 and the implementing guidelines issued pursuant thereto.

ARTICLE II
The City Vice-Mayor

Section 456. Powers, Duties and Compensation.

(a) The city vice-mayor shall:

(1) Be the presiding officer of the sangguniang panlungsod and sign all warrants drawn on the city
treasury for all expenditures appropriated for the operation of the sangguniang panlungsod;
(2) Subject to civil service law, rules and regulations, appoint all officials and employees of the
sangguniang panlungsod, except those whose manner of appointment is specifically provided in this
Code;

(3) Assume the office of the city mayor for the unexpired term of the latter in the event of permanent
vacancy as provided for in Section 44, Book I of this Code;

(4) Exercise the powers and perform the duties and functions of the city mayor in cases of temporary
vacancy as provided for in Section 46, Book I of this Code; and

(5) Exercise such other powers and perform such other duties and functions as may be prescribed by law
or ordinance.

(b) The city vice-mayor shall receive a monthly compensation corresponding to Salary Grade twenty
eight (28) for a highly urbanized city and Salary Grade twenty-six (26) for a component city, as prescribed
under R.A. No. 6758 and the implementing guidelines issued pursuant thereto.

ARTICLE III
The Sangguniang Panlungsod

Section 457. Composition

(a) The sangguniang panlungsod, the legislative body of the city, shall be composed of the city vice-
mayor as presiding officer, the regular sanggunian members, the president of the city chapter of the liga
ng mga barangay, the president of the panlungsod na pederasyon ng mga sangguniang kabataan, and the
sectoral representatives, as members.

(b) In addition thereto, there shall be three (3) sectoral representatives: one (1) from the women; and as
shall be determined by the sanggunian concerned within ninety (90) days prior to the holding of the
local elections, one (1) from agricultural or industrial workers; and one (1) from the other sectors,
including the urban poor, indigenous cultural communities, or disabled persons.

(c) The regular members of the sangguniang panlungsod and the sectoral representatives shall be
elected in the manner as may be provided for by law.

Section 458. Powers, Duties, Functions and Compensation.

(a) The sangguniang panlungsod, as the legislative body of the city, shall enact ordinances, approve
resolutions and appropriate funds for the general welfare of the city and its inhabitants pursuant to
Section 16 of this Code and in the proper exercise of the corporate powers of the city as provided for
under Section 22 of this Code, and shall:

(1) Approve ordinances and pass resolutions necessary for an efficient and effective city government,
and in this connection, shall:

(i) Review all ordinances approved by the sangguniang barangay and executive orders issued by the
punong barangay to determine whether these are within the scope of the prescribed powers of the
sanggunian and of the punong barangay;

(ii) Maintain peace and order by enacting measures to prevent and suppress lawlessness, disorder, riot,
violence, rebellion or sedition and impose penalties for violation of said ordinances;
(iii) Approve ordinances imposing a fine not exceeding Five thousand pesos (P5,000.00) or an
imprisonment for a period not exceeding one (1) year, or both in the discretion of the court, for the
violation of a city ordinance;

(iv) Adopt measures to protect the inhabitants of the city from the harmful effects of man-made or
natural disasters and calamities, and to provide relief services and assistance for victims during and in
the aftermath of said disasters or calamities and their return to productive livelihood following said
events;

(v) Enact ordinances intended to prevent, suppress and impose appropriate penalties for habitual
drunkenness in public places, vagrancy, mendicancy, prostitution, establishment and maintenance of
houses of ill repute, gambling and other prohibited games of chance, fraudulent devices and ways to
obtain money or property, drug addiction, maintenance of drug dens, drug pushing, juvenile
delinquency, the printing, distribution or exhibition of obscene or pornographic materials or
publications, and such other activities inimical to the welfare and morals of the inhabitants of the city.

(vi) Protect the environment and impose appropriate penalties for acts which endanger the
environment, such as dynamite fishing and other forms of destructive fishing, illegal logging and
smuggling of logs, smuggling of natural resources products and of endangered species of flora and fauna,
slash and burn farming, and such other activities which result in pollution, acceleration of eutrophication
of rivers and lakes, or of ecological imbalance;

(vii) Subject to the provisions of this Code and pertinent laws, determine the powers and duties of
officials and employees of the city;

(viii) Determine the positions and the salaries, wages, allowances and other emoluments and benefits of
officials and employees paid wholly or mainly from city funds and provide for expenditures necessary for
the proper conduct of programs, projects, services, and activities of the city government;

(ix) Authorize the payment of compensation to a qualified person not in the government service who fills
up a temporary vacancy or grant honorarium to any qualified official or employee designated to fill a
temporary vacancy in a concurrent capacity, at the rate authorized by law;

(x) Provide a mechanism and the appropriate funds therefor, to ensure the safety and protection of all
city government property, public documents, or records such as those relating to property inventory,
land ownership, records of births, marriages, deaths, assessments, taxation, accounts, business permits,
and such other records and documents of public interest in the offices and departments of the city
government;

(xi) When the finances of the city government allow, provide for additional allowances and other
benefits to judges, prosecutors, public elementary and high school teachers, and other national
government officials stationed in or assigned to the city;

(xii) Provide legal assistance to barangay officials who, in the performance of their official duties or on
the occasion thereof, have to initiate judicial proceedings or defend themselves against legal action; and

(xiii) Provide for group insurance or additional insurance coverage for all barangay officials, including
members of barangay tanod brigades and other service units, with public or private insurance
companies, when the finances of the city government allow said coverage;
(2) Generate and maximize the use of resources and revenues for the development plans, program
objectives and priorities of the city as provided for under Section 18 of this Code, with particular
attention to agro-industrial development and city-wide growth and progress, and relative thereto, shall:

(i) Approve the annual and supplemental budgets of the city government and appropriate funds for
specific programs, projects, services and activities of the city, or for other purposes not contrary to law,
in order to promote the general welfare of the city and its inhabitants;

(ii) Subject to the provisions of Book II of this Code and applicable laws and upon the majority vote of all
the members of the sangguniang panlungsod, enact ordinances levying taxes, fees and charges,
prescribing the rates thereof for general and specific purposes, and granting tax exemptions, incentives
or reliefs;

(iii) Subject to the provisions of Book II of this Code and upon the majority vote of all the members of the
sangguniang panlungsod, authorize the city mayor to negotiate and contract loans and other forms of
indebtedness;

(iv) Subject to the provisions of Book II of this Code and applicable laws and upon the majority vote of all
the members of the sangguniang panlungsod, enact ordinances authorizing the floating of bonds or
other instruments of indebtedness, for the purpose of raising funds to finance development projects;

(v) Appropriate funds for the construction and maintenance or the rental of buildings for the use of the
city; and, upon the majority vote of all the members of the sangguniang panlungsod, authorize the city
mayor to lease to private parties such public buildings held in a proprietary capacity, subject to existing
laws, rules and regulations;

(vi) Prescribe reasonable limits and restraints on the use of property within the jurisdiction of the city;

(vii) Adopt a comprehensive land use plan for the city: Provided, That in the case of component cities,
the formulation, adoption or modification of said plan shall be in coordination with the approved
provincial comprehensive land use plan;

(viii) Reclassify land within the jurisdiction of the city, subject to the pertinent provisions of this Code;

(ix) Enact integrated zoning ordinances in consonance with the approved comprehensive land use plan,
subject to existing laws, rules and regulations; establish fire limits or zones, particularly in populous
centers; and regulate the construction, repair or modification of buildings within said fire limits or zones
in accordance with the provisions of the Fire Code;

(x) Subject to national law, process and approve subdivision plans for residential, commercial, or
industrial purposes and other development purposes, and to collect processing fees and other charges,
the proceeds of which shall accrue entirely to the city: Provided, however, That where approval of a
national agency or office is required, said approval shall not be withheld for more than thirty (30) days
from receipt of the application. Failure to act on the application within the period stated above shall be
deemed as approval thereof;

(xi) Subject to the provisions of Book II of this Code, grant the exclusive privilege of constructing fish
corrals or fish pens, or the taking or catching of bangus fry, prawn fry or kawag-kawag, or fry of any
species or fish within the city waters;
(xii) With the concurrence of at least two-thirds (2/3) of all the members of the sangguniang panlungsod,
grant tax exemptions, incentives or reliefs to entities engaged in community growth-inducing industries,
subject to the provisions of Chapter 5, Title I, Book II of this Code;

(xiii) Grant loans or provide grants to other local government units or to national, provincial, and city
charitable, benevolent or educational institutions: Provided, That, said institutions are operated and
maintained within the city;

(xiv) Regulate the numbering of residential, commercial and other buildings; and

(xv) Regulate the inspection, weighing and measuring of articles of commerce.

(3) Subject to the provisions of Book II of this Code, enact ordinances granting franchises and authorizing
the issuance of permits or licenses, upon such conditions and for such purposes intended to promote
the general welfare of the inhabitants of the city and pursuant to this legislative authority shall:

(i) Fix and impose reasonable fees and charges for all services rendered by the city government to
private persons or entities;

(ii) Regulate or fix license fees for any business or practice of profession within the city and the
conditions under which the license for said business or practice of profession may be revoked and enact
ordinances levying taxes thereon;

(iii) Provide for and set the terms and conditions under which public utilities owned by the city shall be
operated by the city government, and prescribe the conditions under which the same may be leased to
private persons or entities, preferably cooperatives;

(iv) Regulate the display of and fix the license fees for signs, signboards, or billboards at the place or
places where the profession or business advertised thereby is, in whole or in part, conducted;

(v) Any law to the contrary notwithstanding, authorize and license the establishment, operation, and
maintenance of cockpits, and regulate cockfighting and commercial breeding of gamecocks: Provided,
That existing rights should not be prejudiced;

(vi) Subject to the guidelines prescribed by the Department of Transportation and Communications,
regulate the operation of tricycles and grant franchises for the operation thereof within the territorial
jurisdiction of the city;

(vii) Upon approval by a majority vote of all the members of the sangguniang panlungsod: grant a
franchise to any person, partnership, corporation, or cooperative to do business within the city;
establish, construct, operate and maintain ferries, wharves, markets or slaughterhouses; or undertake
such other activities within the city as may be allowed by existing laws: Provided, That, cooperatives shall
be given preference in the grant of such a franchise.

(4) Regulate activities relative to the use of land, buildings and structures within the city in order to
promote the general welfare and for said purpose shall:

(i) Declare, prevent or abate any nuisance;

(ii) Require that buildings and the premises thereof and any land within the city be kept and maintained
in a sanitary condition; impose penalties for any violation thereof; or, upon failure to comply with said
requirement, have the work done at the expense of the owner, administrator or tenant concerned; or
require the filling up of any land or premises to a grade necessary for proper sanitation;

(iii) Regulate the disposal of clinical and other wastes from hospitals, clinics and other similar
establishments;

(iv) Regulate the establishment, operation and maintenance of cafes, restaurants, beerhouses, hotels,
motels, inns, pension houses, lodging houses, and other similar establishments, including tourist guides
and transports;

(v) Regulate the sale, giving away or dispensing of any intoxicating malt, vino, mixed or fermented liquors
at any retail outlet;

(vi) Regulate the establishment and provide for the inspection of steam boilers or any heating device in
buildings and the storage of inflammable and highly combustible materials within the city;

(vii) Regulate the establishment, operation, and maintenance of any entertainment or amusement
facilities, including theatrical performances, circuses, billiard pools, public dancing schools, public dance
halls, sauna baths, massage parlors, and other places for entertainment or amusement; regulate such
other events or activities for amusement or entertainment, particularly those which tend to disturb the
community or annoy the inhabitants, or require the suspension or suppression of the same; or, prohibit
certain forms of amusement or entertainment in order to protect the social and moral welfare of the
community;

(viii) Provide for the impounding of stray animals; regulate the keeping of animals in homes or as part of
a business, and the slaughter, sale or disposition of the same; and adopt measures to prevent and
penalize cruelty to animals; and

(ix) Regulate the establishment, operation and maintenance of funeral parlors and the burial or
cremation of the dead, subject to existing laws, rules and regulations.

(5) Approve ordinances which shall ensure the efficient and effective delivery of the basic services and
facilities as provided for under Section 17 of this Code, and in addition to said services and facilities,
shall:

(i) Provide for the establishment, maintenance, protection, and conservation of communal forests and
watersheds, tree parks, greenbelts, mangroves, and other similar forest development projects;

(ii) Establish markets, slaughterhouses or animal corrals and authorize the operation thereof by the city
government; and regulate the construction and operation of private markets, talipapas or other similar
buildings and structures;

(iii) Authorize the establishment, maintenance and operation by the city government of ferries, wharves,
and other structures intended to accelerate productivity related to marine and seashore or offshore
activities;

(iv) Regulate the preparation and sale of meat, poultry, fish, vegetables, fruits, fresh dairy products, and
other foodstuffs for public consumption;
(v) Regulate the use of streets, avenues, alleys, sidewalks, bridges, parks and other public places and
approve the construction, improvement repair and maintenance of the same; establish bus and vehicle
stops and terminals or regulate the use of the same by privately-owned vehicles which serve the public;
regulate garages and the operation of conveyances for hire; designate stands to be occupied by public
vehicles when not in use; regulate the putting up of signs, signposts, awnings and awning posts on the
streets; and provide for the lighting, cleaning and sprinkling of streets; and public places;

(vi) Regulate traffic on all streets and bridges; prohibit encroachments or obstacles thereon, and when
necessary in the interest of public welfare, authorize the removal or encroachments and illegal
constructions in public places;

(vii) Subject to existing laws, establish and provide for the maintenance, repair and operation of an
efficient waterworks system to supply water for the inhabitants and to purify the source of the water
supply; regulate the construction, maintenance, repair and use of hydrants, pumps, cisterns and
reservoirs; protect the purity and quantity of the water supply of the city and, for this purpose, extend
the coverage of appropriate ordinances over all territory within the drainage area of said water supply
and within one hundred (100) meters of the reservoir, conduit, canal, aqueduct, pumping station, or
watershed used in connection with the water service; and regulate the consumption, use or wastage of
water and fix and collect charges therefor;

(viii) Regulate the drilling and excavation of the ground for the laying of water, gas, sewer, and other
pipes and the construction, repair and maintenance of public drains, sewers, cesspools, tunnels and
similar structures; regulate the placing of poles and the use of crosswalks, curbs, and gutters; adopt
measures to ensure public safety against open canals, manholes. live wires and other similar hazards to
life and property; and regulate the construction and use of private water closets, privies and other
similar structures in buildings and homes;

(ix) Regulate the placing, stringing, attaching, installing, repair and construction of all gas mains, electric,
telegraph and telephone wires, conduits, meters and other apparatus; and provide for the correction,
condemnation or removal of the same when found to be dangerous, defective, or otherwise hazardous
to the welfare of the inhabitants;

(x) Subject to the availability of funds and to existing laws, rules and regulations, establish and provide
for the operation of vocational and technical schools and similar post-secondary institutions and, with
the approval of the Department of Education, Culture and Sports and subject to existing law on tuition
fees, fix and collect reasonable tuition fees and other school charges in educational institutions
supported by the city government;

(xi) Establish a scholarship fund for the poor but deserving students in schools located within its
jurisdiction or for students residing within the city;

(xii) Approve measures and adopt quarantine regulations to prevent the introduction and spread of
diseases;

(xiii) Provide for an efficient and effective system of solid waste and garbage collection and disposal;
prohibit littering and the placing or throwing of garbage, refuse and other filth and wastes;
(xiv) Provide for the care of disabled persons, paupers, the aged, the sick, persons of unsound mind,
abandoned minors, juvenile delinquents, drug dependents, abused children and other needy and
disadvantaged persons, particularly children and youth below eighteen (18) years of age; and subject to
availability of funds, establish and provide for the operation of centers and facilities for said needy and
disadvantaged persons;

(xv) Establish and provide for the maintenance and improvement of jails and detention centers, institute
a sound jail management program, and appropriate funds for the subsistence of detainees and convicted
prisoners in the city;

(xvi) Establish a city council whose purpose is the promotion of culture and the arts, coordinate with
government agencies and non-governmental organizations and, subject to the availability of funds,
appropriate funds for the support and development of the same; and

(xvii) Establish a city council for the elderly which shall formulate policies and adopt measures mutually
beneficial to the elderly and to the community; provide incentives for non-governmental agencies and
entities and, subject to the availability of funds, appropriate funds to support programs and projects for
the benefit of the elderly; and

(6) Exercise such other powers and perform such other duties and functions as may be prescribed by law
or ordinance.

(b) The members of the sangguniang panlungsod of component cities shall receive a minimum monthly
compensation corresponding to Salary Grade twenty-five (25) and members of the sangguniang
panlungsod of highly-urbanized cities shall receive a minimum monthly compensation corresponding to
Salary Grade twenty-seven (27), as prescribed under R.A. 6758 and the implementing guidelines issued
pursuant thereto.

TITLE IV
THE PROVINCE

CHAPTER I
Role and Creation of the Province

Section 459. Role of the Province. - The province, composed of cluster of municipalities, or municipalities
and component cities, and as a political and corporate unit of government, serves as dynamic
mechanism for developmental processes and effective governance of local government units within its
territorial jurisdiction.

Section 460. Manner of Creation. - A province may be created, divided, merged, abolished, or its
boundary substantially altered, only by an Act of Congress and subject to approval by a majority of the
votes cast in a plebiscite to be conducted by the COMELEC in the local government unit or units directly
affected. The plebiscite shall be held within one hundred twenty (120) days from the date of effectivity
of said Act, unless otherwise provided therein.

Section 461. Requisites for Creation.

(a) A province may be created if it has an average annual income, as certified by the Department of
Finance, of not less than Twenty million pesos (P20,000,000.00) based on 1991 constant prices and
either of the following requisites:

(i) a contiguous territory of at least two thousand (2,000) square kilometers, as certified by the Lands
Management Bureau; or

(ii) a population of not less than two hundred fifty thousand (250,000) inhabitants as certified by the
National Statistics Office:

Provided, That, the creation thereof shall not reduce the land area, population, and income of the
original unit or units at the time of said creation to less than the minimum requirements prescribed
herein.

(b) The territory need not be contiguous if it comprise two (2) or more islands or is separated by a
chartered city or cities which do not contribute to the income of the province.

(c) The average annual income shall include the income accruing to the general fund, exclusive of special
funds, trust funds, transfers and non-recurring income.

Section 462. Existing Sub-Provinces. - Existing sub-provinces are hereby converted into regular provinces
upon approval by a majority of the votes cast in a plebiscite to be held in the said subprovinces and the
original provinces directly affected. The plebiscite shall be conducted by the COMELEC simultaneously
with the national elections following the effectivity of this Code.

The new legislative districts created as a result of such conversion shall continue to be represented in
Congress by the duly-elected representatives of the original districts out of which said new provinces or
districts were created until their own representatives shall have been elected in the next regular
congressional elections and qualified.

The incumbent elected officials of the said subprovinces converted into regular provinces shall continue
to hold office until June 30, 1992. Any vacancy occurring in the offices occupied by said incumbent
elected officials, or resulting from expiration of their terms of office in case of a negative vote in the
plebiscite results, shall be filled by appointment by the President. The appointees shall hold office until
their successors shall have been elected in the regular local elections following the plebiscite mentioned
herein and qualified. After effectivity of such conversion, the President shall fill up the position of
governor of the newly-created province through appointment if none has yet been appointed to the
same as hereinbefore provided, and shall also appoint a vice-governor and the other members of the
sangguniang panlalawigan, all of whom shall likewise hold office until their successors shall have been
elected in the next regular local elections and qualified.

All qualified appointive officials and employees in the career service of the said subprovinces at the time
of their conversion into regular provinces shall continue in office in accordance with civil service law,
rules and regulations.

CHAPTER II
Provincial Officials in General

Section 463. Officials of the Provincial Government.

(a) There shall be in each province a governor, a vice-governor, members of the sangguniang
panlalawigan, a secretary to the sangguniang panlalawigan, a provincial treasurer, a provincial assessor, a
provincial accountant, a provincial engineer, a provincial budget officer, a provincial planning and
development coordinator, a provincial legal officer, a provincial administrator, a provincial health officer,
a provincial social welfare and development officer, a provincial general services officer, a provincial
agriculturist, and a provincial veterinarian.

(b) In addition thereto, the governor may appoint a provincial population officer, a provincial natural
resources and environment officer, a provincial cooperative officer, a provincial architect, and a
provincial information officer.

The appointment of a provincial population officer shall be optional in the province: Provided, however,
That provinces which have existing population offices shall continue to maintain such offices for a period
of five (5) years from the date of the effectivity of this Code, after which said offices shall become
optional.

(c) The sangguniang panlalawigan may:

(1) Maintain existing offices not mentioned in subsections (a) and (b) hereof;

(2) Create such other offices as may be necessary to carry out the purposes of the provincial
government; or

(3) Consolidate the functions of any office with those of another in the interest of efficiency and
economy;

(d) Unless otherwise provided herein, heads of departments and offices shall be appointed by the
governor with the concurrence of the majority of all the sangguniang panlalawigan members, subject to
civil service law, rules and regulations. The sangguniang panlalawigan shall act on the appointment
within fifteen (15) days from the date of its submission; otherwise the same shall be deemed confirmed;

(e) Elective and appointive provincial officials shall receive such compensation, allowances, and other
emoluments as may be determined by law or ordinance, subject to the budgetary limitations on
personal services prescribed under Title Five, Book II of this Code: Provided, That, no increase in
compensation shall take effect until after the expiration of the full term of all the elective officials
approving such increase.

Section 464. Residence and Office. - During the incumbency of the governor, he shall have his official
residence in the capital of the province. All elective and appointive provincial officials shall hold office in
the provincial capital: Provided, That, upon resolution of the sangguniang panlalawigan, elective and
appointive provincial officials may hold office in any component city or municipality within the province
for a period of not more than seven (7) days for any given month.

CHAPTER III
Officials and Offices Common to All Provinces

ARTICLE I
The Provincial Governor

Section 465. The Chief Executive: Powers, Duties, Functions, and Compensation.
(a) The provincial governor, as the chief executive of the provincial government, shall exercise such
powers and perform such duties and functions as provided by this Code and other laws.

(b) For efficient, effective and economical governance the purpose of which is the general welfare of the
province and its inhabitants pursuant to Section 16 of this Code, the provincial governor shall:

(1) Exercise general supervision and control over all programs, projects, services, and activities of the
provincial government, and in this connection, shall:

(i) Determine the guidelines of provincial policies and be responsible to the sangguniang panlalawigan
for the program of government;

(ii) Direct the formulation of the provincial development plan, with the assistance of the provincial
development council, and upon approval thereof by the sangguniang panlalawigan, implement the
same;

(iii) Present the program of government and propose policies and projects for the consideration of the
sangguniang panlalawigan at the opening of the regular session of the sangguniang panlalawigan every
calendar year and as after as may be deemed necessary as the general welfare of the inhabitants and the
needs of the provincial government may require;

(iv) Initiate and propose legislative measures to the sangguniang panlalawigan and as often as may be
deemed necessary, provide such information and data needed or requested by said sanggunian in the
performance of its legislative functions;

(v) Appoint all officials and employees whose salaries and wages are wholly or mainly paid out of
provincial funds and whose appointments are not otherwise provided for in this Code, as well as those
he may be authorized by law to appoint;

(vi) Represent the province in all its business transactions and sign in its behalf all bonds, contracts, and
obligations, and such other documents upon authority of the sangguniang panlalawigan or pursuant to
law or ordinance;

(vii) Carry out such emergency measures as may be necessary during and in the aftermath of man-made
and natural disasters and calamities;

(viii) Determine the time, manner and place of payment of salaries or wages of the officials and
employees of the province, in accordance with law or ordinance;

(ix) Allocate and assign office space to provincial and other officials and employees who, by law or
ordinance, are entitled to such space in the provincial capitol and other buildings owned or leased by the
provincial government;

(x) Ensure that all executive officials and employees of the province faithfully discharge their duties and
functions as provided by law and this Code, and cause to be instituted administrative or judicial
proceedings against any official or employee of the province who may have committed an offense in the
performance of his official duties;

(xi) Examine the books, records and other documents of all offices, officials, agents or employees of the
province and, in aid of his executive powers and authority, require all national officials and employees
stationed in the province to make available to him such books, records, and other documents in their
custody, except those classified by law as confidential;

(xii) Furnish copies of executive orders issued by him to the Office of the President within seventy-two
(72) hours after their issuance;

(xiii) Visit component cities and municipalities of the province at least once every six (6) months to
deepen his understanding of problems and conditions, listen and give appropriate counsel to local
officials and inhabitants, inform the officials and inhabitants of component cities and municipalities of
general laws and ordinances which especially concern them, and otherwise conduct visits and
inspections to ensure that the governance of the province will improve the quality of life of the
inhabitants;

(xiv) Act on leave applications of officials and employees appointed by him and the commutation of the
monetary value of leave credits in accordance with law;

(xv) Authorize official trips of provincial officials and employees outside of the province for a period not
exceeding thirty (30) days;

(xvi) Call upon any national official or employee stationed in or assigned to the province to advise him on
matters affecting the province and to make recommendations thereon; coordinate with said official or
employee in the formulation and implementation of plans, programs and projects; and when
appropriate, initiate an administrative or judicial action against a national government official or
employee who may have committed an offense in the performance of his official duties while stationed
in or assigned to the province;

(xvii) Authorize payment for medical care, necessary transportation, subsistence, hospital or medical fees
of provincial officials and employees who are injured while in the performance of their official duties and
functions, subject to availability of funds;

(xviii) Represent the province in inter-provincial or regional sports councils or committees, and
coordinate the efforts of component cities or municipalities in the regional or national palaro or sports
development activities;

(xix) Conduct an annual palarong panlalawigan, which shall feature traditional sports and disciplines
included in national and international games in coordination with the Department of Education, Culture
and Sports; and

(xx) Submit to the Office of the President the following reports: an annual report containing a summary
of all matters pertinent to the management, administration and development of the province and all
information and data relative to its political, social and economic conditions; and supplemental reports
when unexpected events and situations arise at any time during the year, particularly when man-made
or natural disasters or calamities affect the general welfare of the province, region or country;

(2) Enforce all laws and ordinances relative to the governance of the province and the exercise of the
appropriate corporate powers provided for under Section 22 of this Code, implement all approved
policies, programs, projects, services and activities of the province and, in addition to the foregoing,
shall:
(i) Ensure that the acts of the component cities and municipalities of the province and of its officials and
employees are within the scope of their prescribed powers, duties and functions;

(ii) Call conventions, conferences, seminars, or meetings of any elective and appointive officials of the
province and its component cities and municipalities, including national officials and employees
stationed in or assigned to the province, at such time and place and on such subject as he may deem
important for the promotion of the general welfare of the province and its inhabitants;

(iii) Issue such executive orders for the faithful and appropriate enforcement and execution of laws and
ordinances;

(iv) Be entitled to carry the necessary firearm within his territorial jurisdiction;

(v) In coordination with the mayors of component cities and municipalities and the National Police
Commission, formulate the peace and order plan of the province and upon its approval, implement the
same in accordance with R.A. No. 6975;

(vi) Call upon the appropriate national law enforcement agencies to suppress disorder, riot, lawless
violence, rebellion or sedition or to apprehend violators of the law when public interest so requires and
the police forces of the component city or municipality where the disorder or violation is happening are
inadequate to cope with the situation or the violators;

(3) Initiate and maximize the generation of resources and revenues, and apply the same to the
implementation of development plans, program objectives and priorities as provided for under Section
18 of this Code, particularly those resources and revenues programmed for agro-industrial development
and country-wide growth and progress and, relative thereto, shall:

(i) Require each head of an office or department to prepare and submit an estimate of appropriations for
the ensuing calendar year, in accordance with the budget preparation process under Title Five, Book II of
this Code;

(ii) Prepare and submit to the sanggunian for approval the executive and supplemental budgets of the
province for the ensuing calendar year in the manner provided for under Title Five, Book II of this Code;

(iii) Ensure that all taxes and other revenues of the province are collected, and that provincial funds are
applied to the payment of expenses and settlement of obligations of the province, in accordance with
law or ordinance;

(iv) Issue licenses and permits and suspend or revoke the same for any violation of the conditions upon
which said licenses or permits had been issued, pursuant to law or ordinance;

(v) Adopt adequate measures to safeguard and conserve land, mineral, marine, forest and other
resources of the province, in coordination with the mayors of component cities and municipalities;
provide efficient and effective property and supply management in the province; and protect the funds,
credits, rights, and other properties of the province; and

(vi) Institute or cause to be instituted administrative or judicial proceedings for violation of ordinances in
the collection of taxes, fees or charges, and for the recovery of funds and property, and cause the
province to be defended against all suits to ensure that its interests, resources and rights shall be
adequately protected.
(4) Ensure the delivery of basic services and the provision of adequate facilities as provided for under
Section 17 of this Code, and in addition thereto, shall:

(i) Ensure that the construction and repair of roads and highways funded by the national government
shall be, as far as practicable, carried out in a spatially contiguous manner and in coordination with the
construction and repair of the roads and bridges of the province and of its component cities and
municipalities; and

(ii) Coordinate the implementation of technical services by national offices for the province and its
component cities and municipalities, including public works and infrastructure programs of the provincial
government and its component cities and municipalities;

(5) Exercise such other powers and perform such other duties and functions as may be prescribed by law
or ordinance.

(c) The provincial governor shall receive a minimum monthly compensation corresponding to Salary
Grade thirty (30) prescribed under R.A. No. 6758 and the implementing guidelines issued pursuant
thereto.

ARTICLE II
The Provincial Vice-Governor

Section 466. Powers, Duties, and Compensation.

(a) The vice-governor shall:

(1) Be the presiding officer of the sangguniang panlalawigan and sign all warrants drawn on the
provincial treasury for all expenditures appropriated for the operation of the sangguniang panlalawigan;

(2) Subject to civil service law, rules and regulations, appoint all officials and employees of the
sangguniang panlalawigan, except those whose manner of appointment is specially provided in this
Code;

(3) Assume the office of the governor for the unexpired term of the latter in the event of permanent
vacancy as provided for in Section 44, Book I of this Code;

(4) Exercise the powers and perform the duties and functions of the governor in cases of temporary
vacancy as provided for in Section 46, Book I of this Code; and

(5) Exercise such other powers and perform such other duties and functions as may be prescribed by law
or ordinance.

(b) The vice-governor shall receive a monthly compensation corresponding to Salary Grade twenty-eight
(28) as prescribed under R.A. No. 6758 and the implementing guidelines issued pursuant thereto.

ARTICLE III
The Sangguniang Panlalawigan

Section 467. Composition.

(a) The sangguniang panlalawigan, the legislative body of the province, shall be composed of the
provincial vice-governor as presiding officer, the regular sanggunian members, the president of the
provincial chapter of the liga ng mga barangay, the president of the panlalawigang pederasyon ng mga
sangguniang kabataan, the president of the provincial federation of sanggunian members of
municipalities and component cities and the sectoral representatives, as members.

(b) In addition thereto, there shall be three (3) sectoral representatives: one (1) from the women; and as
shall be determined by the sanggunian concerned within ninety (90) days prior to the holding of the
local elections, one (1) from the agricultural or industrial workers; and one (1) from other sectors
including the urban poor, indigenous cultural communities, or disabled persons.

(c) The regular members of the sangguniang panlalawigan and the sectoral representatives shall be
elected in the manner as may be provided for by law.

Section 468. Powers, Duties, Functions and Compensation.

(a) The sangguniang panlalawigan, as the legislative body of the province, shall enact ordinances,
approve resolutions and appropriate funds for the general welfare of the province and its inhabitants
pursuant to Section 16 of this Code in the proper exercise of the corporate powers of the province as
provided for under Section 22 of this Code, and shall:

(1) Approve ordinances and pass resolutions necessary for an efficient and effective provincial
government and, in this connection, shall:

(i) Review all ordinances approved by the sangguniang of component cities and municipalities and
executive orders issued by the mayors of said component units to determine whether these are within
the scope of the prescribed powers of the sanggunian and of the mayor;

(ii) Maintain peace and order by enacting measures to prevent and suppress lawlessness, disorder, riot,
violence, rebellion or sedition and impose penalties for the violation of said ordinances;

(iii) Approve ordinances imposing a fine not exceeding Five thousand pesos (P5,000.00) or imprisonment
not exceeding one (1) year, or both in the discretion of the court, for the violation of a provincial
ordinance;

(iv) Adopt measures to protect the inhabitants of the province from harmful effects of man-made or
natural disasters and calamities, and to provide relief services and assistance for victims during and in
the aftermath of said disasters and calamities and their return to productive livelihood following said
events;

(v) Enact ordinances intended to prevent, suppress and impose appropriate penalties for habitual
drunkenness in public places, vagrancy, mendicancy, prostitution, establishment and maintenance of
houses of ill repute, gambling and other prohibited games of chance, fraudulent devices and ways to
obtain money or property, drug addiction, maintenance of drug dens, drug pushing, juvenile
delinquency, the printing, distribution or exhibition of obscene or pornographic materials or
publications, and other activities inimical to the welfare and morals of the inhabitants of the province;

(vi) Protect the environment and impose appropriate penalties for acts which endanger the
environment, such as dynamite fishing and other forms of destructive fishing, illegal logging and
smuggling of logs, smuggling of natural resources products and of endangered species of flora and fauna,
slash and burn farming, and such other activities which result in pollution acceleration of eutrophication
of rivers and lakes, or of ecological imbalance;

(vii) Subject to the provisions of this Code and pertinent laws, determine the powers and duties of
officials and employees of the province;

(viii) Determine the positions and the salaries, wages, allowances and other emoluments and benefits of
officials and employees paid wholly or mainly from provincial funds and provide for expenditures
necessary for the proper conduct of programs, projects, services, and activities of the provincial
government;

(ix) Authorize the payment of compensation to a qualified person not in the government service who fills
up a temporary vacancy, or grant honorarium to any qualified official or employee designated to fill a
temporary vacancy in a concurrent capacity, at the rate authorized by law;

(x) Provide a mechanism and the appropriate funds therefor, to ensure the safety and protection of all
provincial government property, public documents, or records such as those relating to property
inventory, land ownership, records of births, marriages, deaths, assessments, taxation, accounts,
business permits, and such other records and documents of public interest in the offices and
departments of the provincial government; and

(xi) When the finances of the provincial government allow, provide for additional allowances and other
benefits to judges, prosecutors, public elementary and high school teachers, and other national
government officials stationed or assigned to the province.

(2) Generate and maximize the use of resources and revenues for the development plans, program
objectives and priorities of the province as provided for under Section 18 of this Code, with particular
attention to agro-industrial development and country-wide growth and progress and relative thereto,
shall:

(i) Enact the annual and supplemental appropriations of the provincial government and appropriate
funds for specific programs, projects, services and activities of the province, or for other purposes not
contrary to law, in order to promote the general welfare of the province and its inhabitants;

(ii) Subject to the provisions of Book II of this Code and applicable laws and upon the majority vote of all
the members of the sangguniang panlalawigan, enact ordinances levying taxes, fees and charges,
prescribing the rates thereof for general and specific purposes, and granting tax exemptions, incentives
or reliefs;

(iii) Subject to the provisions of Book II of this Code and applicable laws and upon the majority vote of all
the members of the sangguniang panlalawigan, authorize the provincial governor to negotiate and
contract loans and other forms of indebtedness;

(iv) Subject to the provisions of Book II of this Code and applicable laws and upon the majority vote of all
the members of the sangguniang panlalawigan, enact ordinances authorizing the floating of bonds or
other instruments of indebtedness, for the purpose of raising funds to finance development projects;
(v) Appropriate funds for the construction and maintenance or the rental of buildings for the use of the
province; and upon the majority vote of all the members of the sangguniang panlalawigan, authorize the
provincial governor to lease to private parties such public buildings held in a proprietary capacity, subject
to existing laws, rules and regulations;

(vi) Prescribe reasonable limits and restraints on the use of property within the jurisdiction of the
province;

(vii) Review the comprehensive land use plans and zoning ordinances of component cities and
municipalities and adopt a comprehensive provincial land use plan, subject to existing laws; and

(viii) Adopt measures to enhance the full implementation of the national agrarian reform program in
coordination with the Department of Agrarian Reform;

(3) Subject to the provisions of Book II of this Code, grant franchises, approve the issuance of permits or
licenses, or enact ordinances levying taxes, fees and charges upon such conditions and for such purposes
intended to promote the general welfare of the inhabitants of the province, and pursuant to this
legislative authority, shall:

(i) Fix and impose reasonable fees and charges for all services rendered by the provincial government to
private persons or entities; and

(ii) Regulate and fix the license fees for such activities as provided for under this Code.

(4) Approve ordinances which shall ensure the efficient and effective delivery of basic services and
facilities as provided for under Section 17 of this Code, and, in addition to said services and facilities,
shall:

(i) Adopt measures and safeguards against pollution and for the preservation of the natural ecosystem in
the province, in consonance with approved standards on human settlements and environmental
sanitation;

(ii) Subject to applicable laws, facilitate or provide for the establishment and maintenance of waterworks
system or district waterworks for supplying water to inhabitants of component cities and municipalities;

(iii) Subject to the availability of funds and to existing laws, rules and regulations, provide for the
establishment and operation of vocational and technical schools and similar post-secondary institutions;
and, with the approval of the Department of Education, Culture and Sports and subject to existing laws
on tuition fees, fix reasonable tuition fees and other school charges in educational institutions supported
by the provincial government;

(iv) Establish a scholarship fund for the poor but deserving students in schools located within its
jurisdiction or for students residing within the province;

(v) Approve measures and adopt quarantine regulations to prevent the introduction and spread of
diseases within its territorial jurisdiction;

(vi) Provide for the care of paupers, the aged, the sick, persons of unsound mind, abandoned minors,
abused children, disabled persons, juvenile delinquents, drug dependents, and other needy and
disadvantaged persons, particularly children and youth below eighteen (18) years of age; subject to
availability of funds, establish and support the operation of centers and facilities for said needy and
disadvantaged persons; and facilitate efforts to promote the welfare of families below the poverty
threshold, the disadvantaged, and the exploited;

(vii) Establish and provide the maintenance and improvement of jails and detention centers, institute a
sound jail management program, and appropriate funds for the subsistence of detainees and convicted
prisoners in the province;

(viii) Establish a provincial council whose purpose is the promotion of culture and the arts, coordinate
with government agencies and non-governmental organizations and, subject to the availability of funds,
appropriate funds for the support and development of the same;

(ix) Establish a provincial council for the elderly which shall formulate policies and adopt measures
mutually beneficial to the elderly and to the province; and subject to the availability of funds,
appropriate funds to support programs and projects for the elderly; and provide incentives for non-
governmental agencies and entities to support the programs and projects of the elderly; and

(5) Exercise such other powers and perform such other duties and functions as may be prescribed by law
or ordinance.

(b) The members of the sangguniang panlalawigan shall receive a minimum monthly compensation
corresponding to Salary Grade twenty-seven (27) as prescribed under R.A. No. 6758 and the
implementing guidelines issued pursuant thereto.

TITLE V
APPOINTED LOCAL OFFICIALS COMMON TO ALL MUNICIPALITIES, CITIES AND PROVINCES

ARTICLE I
Secretary to the Sanggunian

Section 469. Qualifications, Powers and Duties.

(a) There shall be a secretary to the sanggunian who shall be a career official with the rank and salary
equal to a head of department or office.

(b) No person shall be appointed secretary to the sanggunian unless he is a citizen of the Philippines, a
resident of the local government unit concerned, of good moral character, a holder of a college degree
preferably in law, commerce or public administration from a recognized college or university, and a first
grade civil service eligible or its equivalent.

The appointment of a secretary to the sanggunian is mandatory for provincial, city and municipal
governments.

(c) The secretary to the sanggunian shall take charge of the office of the secretary to the sanggunian and
shall:

(1) Attend meetings of the sanggunian and keep a journal of its proceedings;

(2) Keep the seal of the local government unit and affix the same with his signature to all ordinances,
resolutions, and other official acts of the sanggunian and present the same to the presiding officer for his
signature;
(3) Forward to the governor or mayor, as the case may be, for approval, copies of ordinances enacted by
the sanggunian and duly certified by the presiding officer, in the manner provided in Section 54 under
Book I of this Code;

(4) Forward to the sanggunian panlungsod or bayan concerned, in the case of the sangguniang barangay,
and to the sangguniang panlalawigan concerned, in the case of the sangguniang panlungsod of
component cities or sangguniang bayan, copies of duly approved ordinances, in the manner provided in
Sections 56 and 57 under Book I of this Code;

(5) Furnish, upon request of any interested party, certified copies of records of public character in his
custody, upon payment to the treasurer of such fees as may be prescribed by ordinance;

(6) Record in a book kept for the purpose, all ordinances and resolutions enacted or adopted by the
sanggunian, with the dates of passage and publication thereof;

(7) Keep his office and all non-confidential records therein open to the public during the usual business
hours;

(8) Translate into the dialect used by the majority of the inhabitants all ordinances and resolutions
immediately after their approval, and cause the publication of the same together with the original
version in the manner provided under this Code; and

(9) Take custody of the local archives and, where applicable, the local library and annually account for
the same; and

(d) Exercise such other powers and perform such other duties and functions as may be prescribed by law
or ordinance relative to his position.

ARTICLE II
The Treasurer

Section 470. Appointment, Qualifications, Powers, and Duties.

(a) The treasurer shall be appointed by the Secretary of Finance from a list of at least three (3) ranking,
eligible recommendees of the governor or mayor, as the case may be, subject to civil service law, rules
and regulations.

(b) The treasurer shall be under the administrative supervision of the governor or mayor, as the case may
be, to whom he shall report regularly on the tax collection efforts in the local government unit;

(c) No person shall be appointed treasurer unless he is a citizen of the Philippines, a resident of the local
government unit concerned, of good moral character, a holder of a college degree preferably in
commerce, public administration or law from a recognized college or university, and a first grade civil
service eligible or its equivalent. He must have acquired experience in treasury or accounting service for
at least five (5) years in the case of the city or provincial treasurer, and three (3) years in the case of
municipal treasurer.

The appointment of a treasurer shall be mandatory for provincial, city and municipal governments;

(d) The treasurer shall take charge of the treasury office, perform the duties provided for under Book II
of this Code, and shall:
(1) Advise the governor or mayor, as the case may be, the sanggunian, and other local government and
national officials concerned regarding disposition of local government funds, and on such other matters
relative to public finance;

(2) Take custody of and exercise proper management of the funds of the local government unit
concerned;

(3) Take charge of the disbursement of all local government funds and such other funds the custody of
which may be entrusted to him by law or other competent authority;

(4) Inspect private commercial and industrial establishments within the jurisdiction of the local
government unit concerned in relation to the implementation of tax ordinances, pursuant to the
provisions under Book II of this Code;

(5) Maintain and update the tax information system of the local government unit;

(6) In the case of the provincial treasurer, exercise technical supervision over all treasury offices of
component cities and municipalities; and

(e) Exercise such other powers and perform such other duties and functions as may be prescribed by law
or ordinance.

Section 471. Assistant Treasurer.

(a) An assistant treasurer may be appointed by the Secretary of Finance from a list of at least three (3)
ranking, eligible recommendees of the governor or mayor, subject to civil service law, rules and
regulations.

(b) No person shall be appointed assistant treasurer unless he is a citizen of the Philippines, a resident of
the local government unit concerned, of good moral character, a holder of a college degree preferably in
commerce, public administration, or law from a recognized college or university, and a first grade civil
service eligible or its equivalent. He must have acquired at least five (5) years experience in the treasury
or accounting service in the case of the city or provincial assistant treasurer and three (3) years in the
case of municipal assistant treasurer.

The appointment of an assistant treasurer shall be optional for provincial, city and municipal
governments;

(c) The assistant treasurer shall assist the treasurer and perform such duties as the latter may assign to
him. He shall have authority to administer oaths concerning notices and notifications to those
delinquent in the payment of real property tax and concerning official matters relating to the accounts of
the treasurer or otherwise arising in the offices of the treasurer and the assessor.

ARTICLE III
The Assessor

Section 472. Qualifications, Powers and Duties.

(a) No person shall be appointed assessor unless he is a citizen of the Philippines, a resident of the local
government unit concerned, of good moral character, a holder of a college degree preferably in civil or
mechanical engineering, commerce, or any other related course from a recognized college or university,
and a first grade civil service eligible or its equivalent. He must have acquired experience in real property
assessment work or in any related field for at least five (5) years in the case of the city or provincial
assessor, and three (3) years in the case of the municipal assessor.

The appointment of an assessor shall be mandatory for provincial, city and municipal governments.

(b) The assessor shall take charge of the assessor's office, perform the duties provided under Book II of
this Code, and shall:

(1) Ensure that all laws and policies governing the appraisal and assessment of real properties for
taxation purposes are properly executed;

(2) Initiate, review, and recommend changes in policies and objectives, plans and programs, techniques,
procedures and practices in the valuation and assessment of real properties for taxation purposes;

(3) Establish a systematic method of real property assessment;

(4) Install and maintain a real property identification and accounting system;

(5) Prepare, install and maintain a system of tax mapping, showing graphically all property subject to
assessment and gather all data concerning the same;

(6) Conduct frequent physical surveys to verify and determine whether all real property within the
province are properly listed in the assessment rolls;

(7) Exercise the functions of appraisal and assessment primarily for taxation purposes of all real
properties in the local government unit concerned;

(8) Prepare a schedule of the fair market value for the different classes of real properties, in accordance
with Title Two under Book II of this Code;

(9) Issue, upon request of any interested party, certified copies of assessment records of real property
and all other records relative to its assessment, upon payment of a service charge or fee to the treasurer;

(10) Submit every semester a report of all assessments, as well as cancellations and modifications of
assessments to the local chief executive and the sanggunian concerned;

(11) In the case of the assessor of a component city or municipality attend, personally or through an
authorized representative, all sessions of the local board of assessment appeals whenever his
assessment is the subject of the appeal, and present or submit any information or record in his
possession as may be required by the board; and

(12) In the case of the provincial assessor, exercise technical supervision and visitorial functions over all
component city and municipal assessor, coordinate with component city or municipal assessors in the
conduct of tax mapping operations and all other assessment activities, and provide all forms of
assistance therefor: Provided, however, That, upon full provision by the component city or municipality
concerned to its assessor's office of the minimum personnel, equipment, and funding requirements as
may be prescribed by the Secretary of Finance, such functions shall be delegated to the said city or
municipal assessor; and
(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law
or ordinance.

Section 473. Assistant Assessor.

(a) No person shall be appointed assistant assessor unless he is a citizen of the Philippines, a resident of
the local government unit concerned, of good moral character, a holder of a college degree preferably in
civil or mechanical engineering, commerce, or any related course from a recognized college or university,
and a first grade civil service eligible or its equivalent. He must have acquired experience in assessment
or in any related field for at least three (3) years in the case of the city or provincial assistant assessor,
and one (1) year in the case of the city or provincial assistant assessor.

The appointment of an assistant assessor shall be optional for provincial, city and municipal
governments.

(b) The assistant assessor shall assist the assessor and perform such other duties as the latter may assign
to him. He shall have the authority to administer oaths on all declarations of real property for purposes
of assessments.

ARTICLE IV
The Accountant

Section 474. Qualifications, Powers and Duties.

(a) No person shall be appointed accountant unless he is a citizen of the Philippines, a resident of the
local government unit concerned, of good moral character, and a a certified public accountant. He must
have acquired experience in the treasury or accounting service for at least five (5) years in the case of
the provincial or city accountant, and three (3) years in the case of the municipal accountant.

The appointment of an accountant is mandatory for the provincial, city and municipal governments.

(b) The accountant shall take charge of both the accounting and internal audit services of the local
government unit concerned and shall:

(1) Install and maintain an internal audit system in the local government unit concerned;

(2) Prepare and submit financial statements to the governor or mayor, as the case may be, and to the
sanggunian concerned;

(3) Appraise the sanggunian and other local government officials on the financial condition and
operations of the local government unit concerned;

(4) Certify to the availability of budgetary allotment to which expenditures and obligations may be
properly charged;

(5) Review supporting documents before preparation of vouchers to determine completeness of

requirements;

(6) Prepare statements of cash advances, liquidation, salaries, allowances, reimbursements and
remittances pertaining to the local government unit;
(7) Prepare statements of journal vouchers and liquidation of the same and other adjustments related
thereto;

(8) Post individual disbursements to the subsidiary ledger and index cards;

(9) Maintain individual ledgers for officials and employees of the local government unit pertaining to
payrolls and deductions;

(10) Record and post in index cards details of purchased furniture, fixtures, and equipment, including
disposal thereof, if any;

(11) Account for all issued requests for obligations and maintain and keep all records and reports related
thereto;

(12) Prepare journals and the analysis of obligations and maintain and keep all records and reports
related thereto; and

(13) Exercise such other powers and perform such other duties and functions as may be provided by law
or ordinance.

(c) The incumbent chief accountant in the office of the treasurer shall be given preference in the
appointment to the position of accountant.

ARTICLE V
The Budget Officer

Section 475. Qualifications, Powers and Duties.

(a) No person shall be appointed budget officer unless he is a citizen of the Philippines, a resident of the
local government unit concerned, of good moral character, a holder of a college degree preferably in
accounting, economics, public administration or any related course from a recognized college or
university, and a first grade civil service eligible or its equivalent. He must have acquired experience in
government budgeting or in any related field for at least five (5) years in the case of the provincial or city
budget officer, and at least three (3) years in the case of the municipal budget officer.

The appointment of a budget officer shall be mandatory for the provincial, city, and municipal
governments.

(b) The budget officer shall take charge of the budget office and shall:

(1) Prepare forms, orders, and circulars embodying instructions on budgetary and appropriation matters
for the signature of the governor or mayor, as the case may be;

(2) Review and consolidate the budget proposals of different departments and offices of the local
government unit;

(3) Assist the governor or mayor, as the case may be, in the preparation of the budget and during budget
hearings;

(4) Study and evaluate budgetary implications of proposed legislation and submit comments and
recommendations thereon;
(5) Submit periodic budgetary reports to the Department of Budget and Management;

(6) Coordinate with the treasurer, accountant, and the planning and development coordinator for the
purpose of budgeting;

(7) Assist the sanggunian concerned in reviewing the approved budgets of component local government
units;

(8) Coordinate with the planning and development coordinator in the formulation of the local
government unit development plan; and

(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law
or ordinance.

(d) The appropriations for personal services of the budget officer provided under the Department of
Budget and Management shall, upon effectivity of this Code, be transferred to the local government unit
concerned. Thereafter, the appropriations for personal services of the budget officer shall be provided
for in full in the budget of the local government unit.

ARTICLE VI
The Planning and Development Coordinator

Section 476. Qualifications, Powers and Duties.

(a) No person shall be appointed planning and development coordinator unless he is a citizen of the
Philippines, a resident of the local government unit concerned, of good moral character, a holder of a
college degree preferably in urban planning, development studies, economics, public administration, or
any related course from a recognized college or university, and a first grade civil service eligible or its
equivalent. He must have acquired experience in development planning or in any related field for at least
five (5) years in the case of the provincial or city planning and development coordinator, and three (3)
years in the case of the municipal planning and development coordinator.

The appointment of a planning and development coordinator shall be mandatory for provincial, city and
municipal governments.

(b) The planning and development coordinator shall take charge of the planning and development office
and shall:

(1) Formulate integrated economic, social, physical, and other development plans and policies for
consideration of the local government development council;

(2) Conduct continuing studies, researches, and training programs necessary to evolve plans and
programs for implementation;

(3) Integrate and coordinate all sectoral plans and studies undertaken by the different functional groups
or agencies;

(4) Monitor and evaluate the implementation of the different development programs, projects, and
activities in the local government unit concerned in accordance with the approved development plan;
(5) Prepare comprehensive plans and other development planning documents for the consideration of
the local development council;

(6) Analyze the income and expenditure patterns, and formulate and recommend fiscal plans and
policies for consideration of the finance committee of the local government unit concerned as provided
under Title Five, Book II of this Code;

(7) Promote people participation in development planning within the local government unit concerned;

(8) Exercise supervision and control over the secretariat of the local development council; and

(c) Exercise such other powers and perform such other functions and duties as may be prescribed by law
or ordinance.

ARTICLE VII
The Engineer

Section 477. Qualifications, Powers and Duties.

(a) No person shall be appointed engineer unless he is a citizen of the Philippines, a resident of the local
government unit concerned, of good moral character, and a licensed civil engineer. He must have
acquired experience in the practice of his profession for at least five (5) years in the case of the provincial
or city engineer, and three (3) years in the case of the municipal engineer.

The appointment of an engineer shall be mandatory for the provincial, city and municipal governments.
The city and municipal engineer shall also act as the local building official.

(b) The engineer shall take charge of the engineering office and shall:

(1) Initiate, review and recommend changes in policies and objectives, plans and programs, techniques,
procedures and practices in infrastructure development and public works in general of the local
government unit concerned;

(2) Advise the governor or mayor, as the case may be, on infrastructure, public works, and other
engineering matters;

(3) Administer, coordinate, supervise, and control the construction, maintenance, improvement, and
repair of roads, bridges, and other engineering and public works projects of the local government unit
concerned;

(4) Provide engineering services to the local government unit concerned, including investigation and
survey, engineering designs, feasibility studies, and project management;

(5) In the case of the provincial engineer, exercise technical supervision over all engineering offices of
component cities and municipalities; and

(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law
or ordinance.

ARTICLE VIII
The Health Officer
Section 478. Qualifications, Powers and Duties.

(a) No person shall be appointed health officer unless he is a citizen of the Philippines, a resident of the
local government unit concerned, of good moral character, and a licensed medical practitioner. He must
have acquired experience in the practice of his profession for at least five (5) years in the case of the
provincial or city health officer, and three (3) years in the case of the municipal health officer.

The appointment of a health officer shall be mandatory for provincial, city and municipal governments.

(b) The health officer shall take charge of the office on health and shall:

(1) Take charge of the office on health services, supervise the personnel and staff of said office,
formulate program implementation guidelines and rules and regulations for the operation of the said
office for the approval of the governor or mayor, as the case may be, in order to assist him in the
efficient, effective and economical implementation of a health services program geared to
implementation of health-related projects and activities;

(2) Formulate measures for the consideration of the sanggunian and provide technical assistance and
support to the governor or mayor, as the case may be, in carrying out activities to ensure the delivery of
basic services and provisions of adequate facilities relative to health services provided under Section 17
of this Code;

(3) Develop plans and strategies and upon approval thereof by the governor or mayor as the case may
be, implement the same, particularly those which have to do with health programs and projects which
the governor or mayor, is empowered to implement and which the sanggunian is empowered to provide
for under this Code;

(4) In addition to the foregoing duties and functions, the health officer shall:

(i) Formulate and implement policies, plans, programs and projects to promote the health of the people
in the local government unit concerned;

(ii) Advise the governor or mayor, as the case may be, and the sanggunian on matters pertaining to
health;

(iii) Execute and enforce laws, ordinances and regulations relating to public health;

(iv) Recommend to the sanggunian, through the local health board, the passage of such ordinances as he
may deem necessary for the preservation of public health;

(v) Recommend the prosecution of any violation of sanitary laws, ordinances or regulations;

(vi) Direct the sanitary inspection of all business establishments selling food items or providing
accommodations such as hotels, motels, lodging houses, pension houses, and the like, in accordance
with the Sanitation Code;

(vii) Conduct health information campaigns and render health intelligence services;

(viii) Coordinate with other government agencies and non-governmental organizations involved in the
promotion and delivery of health services; and
(ix) In the case of the provincial health officer, exercise general supervision over health officers of
component cities and municipalities; and

(5) Be in the frontline of health services, delivery, particularly during and in the aftermath of man-made
and natural disasters and calamities; and

(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law
or ordinance.

ARTICLE IX
The Civil Registrar

Section 479. Qualifications, Powers and Duties.

(a) No person shall be appointed civil registrar unless he is a citizen of the Philippines, a resident of the
local government unit concerned, of good moral character, a holder of a college degree from a
recognized college or university, and a first grade civil service eligible or its equivalent. He must have
acquired experience in civil registry work for at least five (5) years in the case of the city civil registrar
and three (3) years in the case of the municipal civil registrar.

The appointment of a civil registrar shall be mandatory for city and municipal governments.

(b) The civil registrar shall be responsible for the civil registration program in the local government unit
concerned, pursuant to the Civil Registry Law, the Civil Code, and other pertinent laws, rules and
regulations issued to implement them.

(c) The Civil Registrar shall take charge of the office of the civil registry and shall:

(1) Develop plans and strategies and upon approval thereof by the governor or mayor, as the case may
be, implement the same, particularly those which have to do with civil registry programs and projects
which the mayor is empowered to implement and which the sanggunian is empowered to provide for
under this Code;

(2) In addition to the foregoing duties and functions, the civil registrar shall:

(i) Accept all registrable documents and judicial decrees affecting the civil status of persons;

(ii) File, keep and preserve in a secure place the books required by law;

(iii) Transcribe and enter immediately upon receipt all registrable documents and judicial decrees
affecting the civil status of persons in the appropriate civil registry books;

(iv) Transmit to the Office of the Civil Registrar-General, within the prescribed period, duplicate copies of
registered documents required by law;

(v) Issue certified transcripts or copies of any certificate or registered documents upon payment of the
prescribed fees to the treasurer;

(vi) Receive applications for the issuance of a marriage license and, after determining that the
requirement and supporting certificates and publication thereof for the prescribed period have been
complied with, issue the license upon payment of the authorized fee to the treasurer;
(vii) Coordinate with the National Statistics Office in conducting educational campaigns for vital
registration and assist in the preparation of demographic and other statistics for the local government
unit concerned; and

(3) Exercise such other powers and perform such other duties and functions as may be prescribed by law
or ordinance.

ARTICLE X
The Administrator

Section 480. Qualifications, Terms, Powers and Duties.

(a) No person shall be appointed administrator unless he is a citizen of the Philippines, a resident of the
local government unit concerned, of good moral character, a holder of a college degree preferably in
public administration, law, or any other related course from a recognized college or university, and a first
grade civil service eligible or its equivalent. He must have acquired experience in management and
administration work for at least five (5) years in the case of the provincial or city administrator, and three
(3) years in the case of the municipal administrator.

The term of administrator is coterminous with that of his appointing authority.

The appointment of an administrator shall be mandatory for the provincial and city governments, and
optional for the municipal government.

(b) The administrator shall take charge of the office of the administrator and shall:

(1) Develop plans and strategies and upon approval thereof by the governor or mayor, as the case may
be, implement the same particularly those which have to do with the management and administration-
related programs and projects which the governor or mayor is empowered to implement and which the
sanggunian is empowered to provide for under this Code;

(2) In addition to the foregoing duties and functions, the administrator shall:

(i) Assist in the coordination of the work of all the officials of the local government unit, under the
supervision, direction, and control of the governor or mayor, and for this purpose, he may convene the
chiefs of offices and other officials of the local government unit;

(ii) Establish and maintain a sound personnel program for the local government unit designed to
promote career development and uphold the merit principle in the local government service;

(iii) Conduct a continuing organizational development of the local government unit with the end in view
of the instituting effective administrative reforms;

(3) Be in the frontline of the delivery of administrative support services, particularly those related to the
situations during and in the aftermath of man-made and natural disasters and calamities;

(4) Recommend to the sanggunian and advise the governor and mayor, as the case may be, on all other
matters relative to the management and administration of the local government unit; and

(5) Exercise such other powers and perform such other duties and functions as may be prescribed by law
or by ordinance.
ARTICLE XI
The Legal Officer

Section 481. Qualifications, Terms, Powers and Duties.

(a) No person shall be appointed legal officer unless he is a citizen of the Philippines, a resident of the
local government concerned, of good moral character, and a member of the Philippine Bar. He must have
practiced his profession for at least five (5) years in the case of the provincial and city legal officer, and
three (3) years in the case of the municipal legal officer.

The term of the legal officer shall be coterminous with that of his appointing authority.

The appointment of legal officer shall be mandatory for the provincial and city governments and optional
for the municipal government.

(b) The legal officer, the chief legal counsel of the local government unit, shall take charge of the office of
legal services and shall:

(1) Formulate measures for the consideration of the sanggunian and provide legal assistance and
support to the governor or mayor, as the case may be, in carrying out the delivery of basic services and
provisions of adequate facilities as provided for under Section 17 of this Code;

(2) Develop plans and strategies and upon approval thereof by the governor or mayor, as the case may
be, implement the same, particularly those which have to do with programs and projects related to legal
services which the governor or mayor is empowered to implement and which the sanggunian is
empowered to provide for under this Code;

(3) In addition to the foregoing duties and functions, the legal officer shall:

(i) Represent the local government unit in all civil actions and special proceedings wherein the local
government unit or any official thereof, in his official capacity, is a party: Provided, That, in actions or
proceedings where a component city or municipality is a party adverse to the provincial government or
to another component city or municipality, a special legal officer may be employed to represent the
adverse party;

(ii) When required by the governor, mayor or sanggunian, draft ordinances, contracts, bonds, leases and
other instruments, involving any interest of the local government unit and provide comments and
recommendations on any instrument already drawn;

(iii) Render his opinion in writing on any question of law when requested to do so by the governor,
mayor or sanggunian;

(iv) Investigate or cause to be investigated any local official or employee for administrative neglect or
misconduct in office, and recommend appropriate action to the governor, mayor or sanggunian, as the
case may be;

(v) Investigate or cause to be investigated any person, firm or corporation holding any franchise or
exercising any public privilege for failure to comply with any term or condition in the grant of such
franchise or privilege, and recommending appropriate action to the governor, mayor or sanggunian, as
the case may be;
(vi) When directed by the governor, mayor, or sanggunian, initiate and prosecute in the interest of the
local government unit concerned any civil action on any bond, lease or other contract upon any breach
or violation thereof; and

(vii) Review and submit recommendations on ordinances approved and execute orders issued by
component units;

(3) Recommend measures to the sanggunian and advise the governor or mayor as the case may be on all
other matters related to upholding the rule of law;

(4) Be in the frontline of protecting human rights and prosecuting any violations thereof, particularly
those which occur during and in the aftermath of man-made or natural disasters or calamities; and

(5) Exercise such other powers and perform such other duties and functions as may be prescribed by law
or ordinance.

ARTICLE XII
The Agriculturist

Section 482. Qualifications, Powers and Duties.

(a) No person shall be appointed agriculturist unless he is a citizen of the Philippines, a resident of the
local government unit concerned, of good moral character, a holder of a college degree in agriculture or
any related course from a recognized college or university and a first grade civil service eligible or its
equivalent. He must have practiced his profession in agriculture or acquired experience in a related field
for at least five (5) years in the case of the provincial and city agriculturist, and three (3) years in the case
of the municipal agriculturist.

The position of the agriculturist shall be mandatory for the provincial government and optional for the
city and municipal governments.

(b) The agriculturist shall take charge of the office for agricultural services, and shall:

(1) Formulate measures for the approval of the sanggunian and provide technical assistance and support
to the governor or mayor, as the case may be, in carrying out said measures to ensure the delivery of
basic services and provisions of adequate facilities relative to agricultural services as provided for under
Section 17 of this Code;

(2) Develop plans and strategies and upon approval thereof by the governor or mayor, as the case may
be, implement the same, particularly those which have to do with agricultural programs and projects
which the governor or mayor is empowered to implement and which the sanggunian is empowered to
provide for under this Code;

(3) In addition to the foregoing duties and functions, the agriculturist shall:

(i) Ensure that maximum assistance and access to resources in the production, processing and marketing
of agricultural and aqua-cultural and marine products are extended to farmers, fishermen and local
entrepreneurs;

(ii) Conduct or cause to be conducted location-specific agricultural researches and assist in making
available the appropriate technology arising out of and disseminating information on basic research on
crops, preventive and control of plant diseases and pests, and other agricultural matters which will
maximize productivity;

(iii) Assist the governor or mayor, as the case may be, in the establishment and extension services of
demonstration forms or aqua-culture and marine products;

(iv) Enforce rules and regulations relating to agriculture and aqua-culture;

(v) Coordinate with government agencies and non-governmental organizations which promote
agricultural productivity through appropriate technology compatible with environmental integrity;

(4) Be in the frontline of delivery of basic agricultural services, particularly those needed for the survival
of the inhabitants during and in the aftermath of man-made and natural disasters;

(5) Recommend to the sanggunian and advise the governor or mayor, as the case may be, on all other
matters related to agriculture and aqua-culture which will improve the livelihood and living conditions of
the inhabitants; and

(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law
or ordinance;

ARTICLE XIII
The Social Welfare and Development Officer

Section 483. Qualifications, Powers and Duties

(a) No person shall be appointed social welfare and development officer unless he is a citizen of the
Philippines, a resident of the local government concerned, of good moral character, a duly licensed social
worker or a holder of a college degree preferably in sociology or any other related course from a
recognized college or university, and a first grade civil service eligible or its equivalent. He must have
acquired experience in the practice of social work for at least five (5) years in the case of the provincial or
city social welfare and development officer, and three (3) years in the case of the municipal social
welfare and development officer.

The appointment of a social welfare and development officer is mandatory for provincial and city
governments, and optional for municipal government.

(b) The social welfare and development officer shall take charge of the office on social welfare and
development services and shall:

(1) Formulate measures for the approval of the sanggunian and provide technical assistance and support
to the governor or mayor, as the case may be, in carrying out measures to endure the delivery of basic
services and provisions of adequate facilities relative to social welfare and development services as
provided for under Section 17 of this Code;

(2) Develop plans and strategies and upon approval thereof by the governor or mayor, as the case may
be, implement the same particularly those which have to do with social welfare programs and projects
which the governor or mayor is empowered to implement and which the sanggunian is empowered to
provide for under this Code;

(3) In addition to the foregoing duties, the social welfare and development officer shall:
(i) Identify the basic needs of the needy, the disadvantaged and the impoverished and develop and
implement appropriate measures to alleviate their problems and improve their living conditions;

(ii) Provide relief and appropriate crisis intervention for victims of abuse and exploitation and
recommend appropriate measures to deter further abuse and exploitation;

(iii) Assist the governor or mayor, as the case may be, in implementing the barangay level program for
the total development and protection of children up to six (6) years of age;

(iv) Facilitate the implementation of welfare programs for the disabled, elderly, and victims of drug
addiction, the rehabilitation of prisoners and parolees, the prevention of juvenile delinquency and such
other activities which would eliminate or minimize the ill-effects of poverty;

(v) Initiate and support youth welfare programs that will enhance the role of the youth in nation-
building;

(vi) Coordinate with government agencies and non-governmental organizations which have for their
purpose the promotion and the protection of all needy, disadvantaged, underprivileged or impoverished
groups or individuals, particularly those identified to be vulnerable and high-risk to exploitation, abuse
and neglect;

(4) Be in the frontline or service delivery, particularly those which have to do with immediate relief
during and assistance in the aftermath of man-made and natural disaster and natural calamities;

(5) Recommend to the sanggunian and advise the governor or mayor, as the case may be, on all other
matters related to social welfare and development services which will improve the livelihood and living
conditions of the inhabitants; and

(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law
or ordinance;

ARTICLE XIV
The Environment and Natural Resources Officer

Section 484. Qualifications, Powers and Duties.

(a) No person shall be appointed environment and natural resources officer unless he is a citizen of the
Philippines, a resident of the local government unit concerned, of good moral character, a holder of a
college degree preferably in environment, forestry, agriculture or any related course from a recognized
college or university, and a first grade civil service eligible or its equivalent. He must have acquired
experience in environmental and natural resources management, conservation, and utilization, of at
least five (5) years in the case of the provincial or city environment and natural resources officer, and
three (3) years in the case of the municipal environment and natural resources officer.

The appointment of the environment and natural resources officer is optional for provincial, city, and
municipal governments.

(b) The environment and natural resources management officer shall take charge of the office on
environment and natural resources and shall:
(1) Formulate measures for the consideration of the sanggunian and provide technical assistance and
support to the governor or mayor, as the case may be, in carrying out measures to ensure the delivery of
basic services and provision of adequate facilities relative to environment and natural resources services
as provided for under Section 17 of this Code;

(2) Develop plans and strategies and upon approval thereof, by the governor or mayor, as the case may
be, implement the same, particularly those which have to do with environment and natural resources
programs and projects which the governor or mayor is empowered to implement and which the
sanggunian is empowered to provide for under this Code;

(3) In addition to the foregoing duties and functions, the environment and natural resources officer shall:

(i) Establish, maintain, protect and preserve communal forests, watersheds, tree parks, mangroves,
greenbelts and similar forest projects and commercial forest, like industrial tree farms and agro-forestry
projects;

(ii) Provide extension services to beneficiaries of forest development projects and technical, financial and
infrastructure assistance;

(iii) Manage and maintain seed banks and produce seedlings for forest and tree parks;

(iv) Provide extension services to beneficiaries of forest development projects and render assistance for
natural resources-related conservation and utilization activities consistent with ecological balance;

(v) Promote the small-scale mining and utilization of mineral resources, particularly mining of gold;

(vi) Coordinate with government agencies and non-governmental organizations in the implementation of
measures to prevent and control land, air and water pollution with the assistance of the Department of
Environment and Natural Resources;

(4) Be in the frontline of the delivery of services concerning the environment and natural resources,
particularly in the renewal and rehabilitation of the environment during and in the aftermath of man-
made and natural calamities and disasters;

(5) Recommend to the sanggunian and advise the governor or mayor, as the case may be, on all matters
relative to the protection, conservation maximum utilization, application of appropriate technology and
other matters related to the environment and natural resources; and

(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law
or ordinance.

ARTICLE XV
The Architect

Section 485. Qualifications, Powers and Duties.

(a) No person shall be appointed architect unless he is a citizen of the Philippines, a resident of the local
government unit concerned, of good moral character, a duly licensed architect. He must have practiced
his profession for at least five (5) years in the case of the provincial or city architect, and three (3) years
in the case of the municipal architect.
The appointment of the architect is optional for provincial, city and municipal governments.

(b) The Architect shall take charge of the office on architectural planning and design and shall:

(1) Formulate measures for the consideration of the sanggunian and provide technical assistance and
support to the governor or mayor, as the case may be, in carrying out measures to ensure the delivery of
basic services and provision of adequate facilities relative to architectural planning and design as
provided for under Section 17 of this Code;

(2) Develop plans and strategies and upon approval thereof by the governor or mayor, as the case may
be, implement the same, particularly those which have to do with architectural planning and design
programs and projects which the governor or mayor is empowered to implement and which the
sanggunian is empowered to provide for under this Code;

(3) In addition to foregoing duties and functions, the architect shall:

(i) Prepare and recommend for consideration of the sanggunian the architectural plan and design for the
local government unit or a part thereof, including the renewal of slums and blighted areas, land
reclamation activities, the greening of land, and appropriate planning of marine and foreshore areas;

(ii) Review and recommend for appropriate action of the sanggunian, governor or mayor, as the case
may be, the architectural plans and design submitted by governmental and non-governmental entities or
individuals, particularly those for undeveloped, underdeveloped, and poorly-designed areas; and

(iii) Coordinate with government and non-government entities and individuals involved in the aesthetics
and the maximum utilization of the land and water within the jurisdiction of the local government unit,
compatible with environmental integrity and ecology balance;

(4) Be in the frontline of the delivery of services involving architectural planning and design, particularly
those related to the redesigning of spatial distribution of basic facilities and physical structures during
and in the aftermath of man-made and natural calamities and disasters;

(5) Recommend to the sanggunian and advise the governor or mayor, as the case may be, on all matters
relative to the architectural planning and design as it relates to the total socio-economic development of
the local government units; and

(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law
or ordinance.

ARTICLE XVI
The Information Officer

Section 486. Qualifications, Powers and Duties.

(a) No person shall be appointed information officer unless he is a citizen of the Philippines, a resident of
the local government unit concerned, of good moral character, a holder of a college degree preferably in
journalism, mass communication or any related course from a recognized college or university, and a first
grade civil service eligible or its equivalent. He must have experience in writing articles and research
papers, or in writing for print, television or broadcast media of at least three (3) years in the case of the
provincial or city information officer, and at least one (1) year in the case of municipal information
officer.

The appointment of the information officer is optional for the provincial, city and municipal
governments.

The term of the information officer is coterminous with that of his appointing authority.

(b) The information officer shall take charge of the office on public information and shall:

(1) Formulate measures for the consideration of the sanggunian and provide technical assistance and
support to the governor or mayor, as the case may be, in providing the information and research data
required for the delivery of basic services and provision of adequate facilities so that the public becomes
aware of said services and may fully avail of the same;

(2) Develop plans and strategies and, upon approval thereof by the governor or mayor, as the case may
be, implement the same, particularly those which have to do with public information and research data
to support programs and projects which the governor or mayor is empowered to implement and which
the sanggunian is empowered to provide for under this Code;

(3) In addition to the foregoing duties and functions, the information officer shall:

(i) Provide relevant, adequate, and timely information to the local government unit and its residents;

(ii) Furnish information and data on local government units to government agencies or offices as may be
required by law or ordinance; and non-governmental organizations to be furnished to said agencies and
organizations;

(iii) Maintain effective liaison with the various sectors of the community on matters and issues that affect
the livelihood and the quality of life of the inhabitants and encourage support for programs of the local
and national government;

(4) Be in the frontline in providing information during and in the aftermath of man-made and natural
calamities and disasters, with special attention to the victims thereof, to help minimize injuries and
casualties during and after the emergency, and to accelerate relief and rehabilitation;

(5) Recommend to the sanggunian and advise the governor or mayor, as the case may be, on all matters
relative to public information and research data as it relates to the total socio-economic development of
the local government unit; and

(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law
or ordinance.

ARTICLE XVII
The Cooperatives Officer

Section 487. Qualifications, Powers and Duties.

(a) No person shall be appointed cooperative officer unless he is a citizen of the Philippines, a resident of
the local government unit concerned, of good moral character, a holder of a college degree preferably in
business administration with special training in cooperatives or any related course from a recognized
college or university, and a first grade civil service eligible or its equivalent. He must have experience in
cooperatives organizations and management of at least five (5) years in the case of provincial or city
cooperatives officer, and three (3) years in the case of municipal cooperatives officer.

The appointment of the cooperatives officer is optional for the provincial and city governments.

(b) The cooperatives officer shall take charge of the office for the development of cooperatives and shall:

(1) Formulate measures for the consideration of the sanggunian, and provide technical assistance and
support to the governor or mayor, as the case may be, in carrying out measures to ensure the delivery of
basic services and provision of facilities through the development of cooperatives, and in providing
access to such services and facilities;

(2) Develop plans and strategies and, upon approval thereof by the governor or mayor, as the case may
be, implement the same, particularly those which have to do with the integration of cooperatives
principles and methods in programs and projects which the governor or mayor is empowered to
implement and which the sanggunian is empowered to provide for under this Code;

(3) In addition to the foregoing duties and functions, the cooperatives officer shall:

(i) Assist in the organization of cooperatives;

(ii) Provide technical and other forms of assistance to existing cooperatives to enhance their viability as
an economic enterprise and social organization;

(iii) Assist cooperatives in establishing linkages with government agencies and non-government
organizations involved in the promotion and integration of the concept of cooperatives in the livelihood
of the people and other community activities;

(4) Be in the frontline of cooperatives organization, rehabilitation or viability-enhancement, particularly

during and in the aftermath of man-made and natural calamities and disasters, to aid in their survival
and, if necessary subsequent rehabilitation;

(5) Recommend to the sanggunian, and advise the governor or mayor, as the case may be, on all matters
relative to cooperatives development and viability- enhancement which will improve the livelihood and
quality of life of the inhabitants; and

(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law
or ordinance.

ARTICLE XVIII
The Population Officer

Section 488. Qualification, Powers and Duties. -

(a) No person shall be appointed population officer unless he is a citizen of the Philippines, a resident of
the local government unit concerned, of good moral character, a holder of a college degree with
specialized training in population development from a recognized college or university, and a first grade
civil service eligible or its equivalent. He must have experience in the implementation of programs on
population development or responsible parenthood for at least five (5) years in the case of the provincial
or city population officer, and three (3) years in the case of the municipal population officer.
The appointment of a population officer shall be optional in the local government unit: Provided,
however, That provinces and cities which have existing population offices shall continue to maintain such
offices for a period of five (5) years from the date of effectivity of this Code, after which said offices shall
become optional.

(b) The population officer shall take charge of the office on population development and shall:

(1) Formulate measures for the consideration of the sanggunian and provide technical assistance and
support to the governor or mayor, as the case may be, in carrying out measures to ensure the delivery of
basic services and provision of adequate facilities relative to the integration of the population
development principles and in providing access to said services and facilities;

(2) Develop plans and strategies and upon approval thereof by the governor or mayor, as the case may
be, implement the same, particularly those which have to do with the integration of population
development principles and methods in programs and projects which the governor or mayor is
empowered to implement and which the sanggunian is empowered to provide for under this Code;

(3) In addition to the foregoing duties and functions, the population officer shall:

(i) Assist the governor or mayor, as the case may be, in the implementation of the Constitutional
provisions relative to population development and the promotion of responsible parenthood;

(ii) Establish and maintain an updated data bank for program operations, development planning and an
educational program to ensure the people's participation in and understanding of population
development;

(iii) Implement appropriate training programs responsive to the cultural heritage of the inhabitants; and

(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law
or ordinance.

ARTICLE XIX
The Veterinarian

Section 489. Qualifications, Powers and Duties.

(a) No person shall be appointed veterinarian unless he is a citizen of the Philippines, a resident of the
local government unit concerned, of good moral character, a licensed doctor of veterinary medicine. He
must have practiced his profession for at least three (3) years in the case of provincial or city veterinarian
and at least one (1) year in the case of the municipal veterinarian.

The appointment of a veterinarian officer is mandatory for the provincial and city governments.

(b) The veterinarian shall take charge of the office for veterinary services and shall:

(1) Formulate measures for the consideration of the sanggunian, and provide technical assistance and
support to the governor or mayor, as the case may be, in carrying out measures to ensure the delivery of
basic services and provision of adequate facilities pursuant to Section 17 of this Code;

(2) Develop plans and strategies and upon approval thereof by the governor or mayor, as the case may
be, implement the same, particularly those which have to do with the veterinary-related activities which
the governor or mayor is empowered to implement and which the sanggunian is empowered to provide
for under this Code;

(3) In addition to the foregoing duties and functions, the veterinarian shall:

(i) Advise the governor or the mayor, as the case may be, on all matters pertaining to the slaughter of
animals for human consumption and the regulation of slaughterhouses;

(ii) Regulate the keeping of domestic animals;

(iii) Regulate and inspect poultry, milk and dairy products for public consumption;

(iv) Enforce all laws and regulations for the prevention of cruelty to animals; and

(v) Take the necessary measures to eradicate, prevent or cure all forms of animal diseases;

(4) Be in the frontline of veterinary related activities, such as in the outbreak of highly-contagious and
deadly diseases, and in situations resulting in the depletion of animals for work and human
consumption, particularly those arising from and in the aftermath of man-made and natural calamities
and disasters;

(5) Recommend to the sanggunian and advise the governor or mayor, as the case may be, on all other
matters relative to veterinary services which will increase the number and improve the quality of
livestock, poultry and other domestic animals used for work or human consumption; and

(c) Exercise such other powers and perform such other duties and functions as may be prescribed by law
or ordinance.

ARTICLE XX
The General Services Officer

Section 490. Qualifications, Powers and Duties.

(a) No person shall be appointed general services officer unless he is a citizen of the Philippines, a
resident of the local government unit concerned, of good moral character, a holder of a college degree
on public administration, business administration and management from a recognized college or
university, and a first grade civil service eligible or its equivalent. He must have acquired experience in
general services, including management of supply, property, solid waste disposal, and general
sanitation, of at least five (5) years in the case of the provincial or city general services officer, and at
least three (3) years in the case of the municipal general services officer.

The appointment of a general services officer is mandatory for the provincial and city governments,

(b) The general services officer shall take charge of the office on general services and shall:

(1) Formulate measures for the consideration of the sanggunian and provide technical assistance and
support to the governor or mayor, as the case may be, in carrying out measures to ensure the delivery
of basic services and provision of adequate facilities pursuant to Section 17 of this Code and which
require general services expertise and technical support services;
(2) Develop plans and strategies and upon approval thereof by the governor or mayor, as the case may
be, implement the same, particularly those which have to do with the general services supportive of
the welfare of the inhabitants which the governor or mayor is empowered to implement and which
the sanggunian is empowered to provide for under this Code;

(3) In addition to the foregoing duties and functions, the general services officer shall:

(i) Take custody of and be accountable for all properties, real or personal, owned by the local
government unit and those granted to it in the form of donation, reparation, assistance and
counterpart of joint projects;

(ii) With the approval of the governor or mayor, as the case may be, assign building or land space to
local officials or other public officials, who by law, are entitled to such space;

(iii) Recommend to the governor or mayor, as the case may be, the reasonable rental rates for local
government properties, whether real or personal, which will be leased to public or private entities by
the local government;

(iv) Recommend to the governor or mayor, as the case may be, reasonable rental rates of private
properties which may be leased for the official use of the local government unit;

(v) Maintain and supervise janitorial, security, government public buildings and other real property,
whether owned or leased by the local government unit;

(vi) Collate and disseminate information regarding prices, shipping and other costs of supplies and
other items commonly used by the local government unit;

(vii) Perform archival and record management with respect to records of offices and departments of
the local government unit; and

(viii) Perform all other functions pertaining to supply and property management heretofore performed
by the local government treasurer; and enforce policies on records creation, maintenance, and
disposal;

(4) Be in the frontline of general services related activities, such as the possible or imminent
destruction or damage to records, supplies, properties, and structures and the orderly and sanitary
clearing up of waste materials or debris, particularly during and in the aftermath of man-made and
natural calamities and disasters;

(5) Recommend to the sanggunian and advise the governor or mayor, as the case may be, on all
matters relative to general services; and

(c)Exercise such other powers and perform such other duties and functions as may be prescribed by
law or ordinance.

TITLE III
TRANSITORY PROVISIONS

Section 526. Application of this Code to Local Government Units in the Autonomous Regions. - This Code
shall apply to all provinces, cities, municipalities and barangays in the autonomous regions until such
time as the regional government concerned shall have enacted its own local government code.