For optimal readability, we highly recommend downloading the document PDF, which you can do below.
- Year: 1991
- Country: Philippines
- Language: English
- Document Type: Domestic Law or Regulation
THE LOCAL GOVERNMENT CODE OF THE PHILIPPINES
TITLE ONE. – BASIC PRINCIPLES
CHAPTER 1. – THE CODE, POLICY AND APPLICATION
SECTION 1. Title. – This Act shall be known and cited as the “Local Government
Code of 1991”.
SECTION 2. Declaration of Policy . – (a) It is hereby declar ed 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 sha ll be given more powers, authority,
responsibilities, and resources. The process of decentralization shall
proceed from the national government to the local government units.
(b) It is also the policy of the Stat e to ensure the accountability of local
government units through the institution of effective mechanisms of
recall, initiative and referendum.
(c) It is likewise the policy of the State to require all national agencies
and offices to conduct periodic cons ultations with appropriate local
government units, non-governmental and people’s organizations,
and other concerned sect ors of the community before any project
or program is implemented in their respective jurisdictions.
SECTION 3. Operative Prin ciples of Decentralization. – The formulation and
implementation of policies and measur es on local autonomy shall be
guided by the following operative principles:
(a) There shall be an effective allo cation among the different local
government units of their re spective powers, functions,
responsibilities, and resources;
(b) There shall be established in every local government unit an
accountable, efficient, and dynamic organizational structure and
operating mechanism that will meet the priority needs and service
requirements of its communities;
(c) Subject to civil service law, rules and regulations, local officials and
employees paid wholly or mainly from local funds shall be
appointed or removed, according to merit and fitness, by the
appropriate appointing authority;
(d) The vesting of duty, respons ibility, and accountability in local
government units shall be a ccompanied with provision for
reasonably adequate resources to discharge their powers and
effectively carry out their functions; hence, they shall have the
power to create and broaden their ow n sources of revenue and the
right to a just share in national taxes and an equitable share in the
proceeds of the utilizat ion and development of the national wealth
within their respective areas;
(e) Provinces with respect to com ponent cities and municipalities, and
cities and municipalities with re spect to component Barangays,
shall ensure that the acts of t heir component units are within the
scope of their prescribed powers and functions:
(f) Local government units may gr oup themselves, consolidate or
coordinate their efforts, services, and resources for purposes
commonly beneficial to them;
(g) The capabilities of local gov ernment units ,especially the
municipalities and Barangays, s hall been enhanced by providing
them with opportunities to participat e actively in the implementation
of national programs and projects;
(h) There shall be a continuing mechanism to enhance local autonomy
not only by legislative enabling acts but also by administrative and
(i) Local government units shall share with the national government
the responsibility in the management and maintenance of
ecological balance within their territori al jurisdiction, subject to the
provisions of this Code and national policies;
(j) Effective mechanisms for ensur ing the accountability of local
government units to their respective constituents shall be
strengthened in order to upgrade cont inually the quality of local
(k) The realization of local aut onomy shall be facilitated through
improved coordination of nati onal government policies and
programs and extension of adequate technical and material
assistance to less developed and deserving local government units;
(l) The participation of the priv ate sector in local governance,
particularly in the delivery of bas ic services, shall be encouraged to
ensure the viability of local autonomy as an alternative strategy for
sustainable development; and
(m) The national government shall ensur e that decentralization tributes
to the continuing improvement of the performance of local
government units and the qua lity of community life.
SECTION 4. Scope of Application . – This Code shall apply to all provinces,
cities, municipalities, Barangays, and other political subdivisions as may
be created by law, and, to t he extent herein provided, to officials, offices,
or agencies of the national government.
SECTION 5. Rules of Interpretation . – In the interpretation of the provisions of
this Code, the following rules shall apply:
(a) Any provision on a power of a local government unit shall be liberally interpreted in its favor, and in case of doubt, any question
thereon shall be resolved in favor of devolution of powers and of
the lower local government unit. Any fair and reasonable doubt as
to the existence of the power sha ll be interpreted in favor of the
local government unit concerned;
(b) In case of doubt, any tax ordinance or revenue measure shall be
construed strictly against the loca l government unit enacting it, and
liberally in favor of the taxpayer . Any tax exemption, incentive or
relief granted by any local gover nment unit pursuant to the
provisions of this Code shall be construed strictly against the
person claiming it.
(c) The general welfare provisions in this Code shall be liberally
interpreted to give more power s to local government units in
accelerating economic developm ent and upgrading the quality of
life for the people in the community;
(d) Rights and obligations existing on the date of effectivity of this Code
and arising out of cont racts or any other source of prestation
involving a local government unit s hall be governed by the original
terms and conditions of said contracts or the law in force at the time
such rights were vested; and
(e) In the resolution of controversies arising under this Code where no legal provision or jurisprudence app lies, resort may be had to the
customs and traditions in the plac e where the controversies take
CHAPTER 2. – GENERAL POWERS AND ATTRIBUTES OF LOCAL GOVERNMENT UNITS
SECTION 6. Authority to Cr eate Local Government Units . – A local
government unit may be created, di vided, merged, abolished, or its
boundaries substantially altered either by law enacted by Congress in the
case of a province, city, municipality, or any other political subdivision, or
by ordinance passed by the Sangguniang Panlalawigan or Sangguniang
Panlungsod concerned in the case of a Barangay located within its
territorial jurisdiction, subject to such limitations and requirements
prescribed in this Code.
SECTION 7. Creation and Conversion. – As a general rule, the creation of a local government unit or its conver sion from one level to another level
shall be based on verifiable indicators of viability and projected capac
provide services, to wit:
(a) Income. – It must be sufficient, based on acceptable standards, to
provide for all essential governm ent facilities and services and
special functions commensurate with the size of its population, as
expected of the local gov ernment unit concerned;
(b) Population. – It shall be determined as the total number of
inhabitants within the territorial jurisdiction of the local government
unit concerned; and
(c) Land Area. – It must be contiguous, unless it comprises two or more
islands or is separated by a lo cal government unit independent of
the others; properly identified by metes and bounds with technical
descriptions; and sufficient to provide for such basic services and
facilities to meet the requirement s of its populace. Compliance with
the foregoing indicators shall be a ttested to by the Department of
Finance (DOF), the National Statistics Office (NSO), and the Lands
Management Bureau (LMB) of the D epartment of Environment and
SECTION 8. Division and Merger . – Division and merger of existing local
government units shall comply wit h the same requirements herein
prescribed for their creation: Provided however, That such division shall
not reduce the income, population, or land area of the local government
unit or units concerned to less than t he minimum requirements prescribed
in this Code: Provided, further, That the income classification of the
original local government unit or units shall not fall below its current
income classification prio r to such division.
The income classification of local government units shall be updated
within six (6) months from the effectivity of this Code to reflect the changes
in their financial position resulti ng from the increased revenues as
SECTION 9. Abolition of Local Government Units . – A local government unit
may be abolished when its income, populat ion, or land area has been
irreversibly reduced to less than the minimum standards prescribed for its
creation under Book III of this Code, as certified by the national agencies
mentioned in Section 17 hereof to Congress or to the Sanggunian
concerned, as the case may be.
The law or ordinance abolishing a loca l government unit shall specify the
province, city, municipality, or Ba rangay with which the local government
unit sought to be abolished will be incorporated or merged.
SECTION 10. Plebiscite Requirement . – No creation, division, merger, abolition,
or substantial alteration of boundaries of local government units shall take
effect unless approved by a majority of the votes cast in a plebiscite called
for the purpose in the politic al unit or units directly affected. Said plebiscite
shall be conducted by the Commission on Elections (Comelec) within one
hundred twenty (120) days fr om the date of effectivity of the law or
ordinance effecting such action, unle ss said law or ordinance fixes another
SECTION 11. Selection and Transfer of Local Government Site, Offices and
(a) The law or ordinance creating or merging local government units
shall specify the seat of governm ent from where governmental and
corporate services shall be delivered. In selecting said site, factors
relating to geographical centrality, accessibility, availability of
transportation and communication facilities, drainage and
sanitation, development and economic progress, and other relevant
considerations shall be taken into account.
(b) When conditions and developments in the local government unit
concerned have significantly changed subsequent to the
establishment of the seat of gov ernment, its Sanggunian may, after
public hearing and by a vote of two-thirds (2/3) of all its members,
transfer the same to a site bette r suited to its needs. Provided,
however, That no such transfer shall be made outside the territorial
boundaries of the local gover nment unit concerned.
The old site, together with the improvements thereon, may be
disposed of by sale or lease or c onverted to such other use as the
Sanggunian concerned may deem beneficial to the local
government unit concerned and its inhabitants.
(c) Local government offices and fa cilities shall not be transferred,
relocated, or converted to other uses unless public hearings are
first conducted for the purpose and t he concurrence of the majority
of all the members of the Sanggunian concerned is obtained.
SECTION 12. Government Centers . – Provinces, cities, and municipalities shall
endeavor to establish a government cent er where offices, agencies, or
branches of the national governm ent, local government units, or
government-owned or -controlled corporati ons may, as far as practicable,
be located. In designating such a c enter, the local government unit
concerned shall take into account t he existing facilities of national and
local agencies and offices which may se rve as the government center as
contemplated under this Section. The national government , local
government unit or government-owned or -controlled corporation
concerned shall bear the expenses for the construction of its buildings and
facilities in the government center.
SECTION 13. Naming of Local Governmen t Units and Public Places, Streets
and Structures .
(a) The Sangguniang Panlalawigan ma y, in consultation with the
Philippine Historical Commission (PHC), change the name of the
following within its territorial jurisdiction:
(1) Component cities and municipalities, upon the recommendation of the Sanggunian concerned;
(2) Provincial roads, avenues, boulevards, thorough-fares, and bridges;
(3) Public vocational or te chnical schools and other post-
secondary and tertiary schools;
(4) Provincial hospitals, health centers, and other health
(5) Any other public place or building owned by the provincial government.
(b) The Sanggunian of highly urbanized cities and of component cities
whose charters prohibit their vote rs from voting for provincial
elective officials, her einafter referred to in this Code as independent
component cities, may, in consulta tion with the Philippine Historical
Commission, change the name of the following within its territorial
(1) City Barangays, upon the recommendation of the Sangguniang Barangay concerned;
(2) City roads, avenues, boulevards, thorough fares, and bridges;
(3) Public elementary, secondar y and vocational or technical
schools, community colleges and non-chartered colleges;
(4) City hospitals, health centers and other health facilities; and
(5) Any other public place or building owned by the city government.
(c) The Sanggunians of component cities and municipalities may, in consultation with the Philippine His torical Commission, change the
name of the following within its territorial jurisdiction:
(6) city and municipal Baranga ys, upon recommendation of the
Sangguniang Barangay concerned;
(7) city, municipal and Barangay roads, avenues, boulevards, thorough fares, and bridges;
(8) city and municipal public elementary, secondary and vocational or technical school s, post-secondary and other
(9) city and municipal hospitals, he alth centers and other health
facilities; and (5)Any other public place or building owned by
the municipal government.
(d) None of the foregoing local gover nment units, institutions, places,
or buildings shall be named after a living person, nor may a change
of name be made unless for a justif iable reason and, in any case,
not oftener than once every ten (10) years. The name of a local
government unit or a public place, street or structure with historical,
cultural, or ethnic significance shall not be changed, unless by a
unanimous vote of the Sanggunian concerned and in consultation
with the PHC.
(e) A change of name of a public school shall be made only upon the recommendation of the local school board concerned.
(f) A change of name of public hospi tals, health centers, and other
health facilities shall be made onl y upon the recommendation of the
local health board concerned.
(g) The change of name of any local government unit shall be effective
only upon ratification in a plebiscite conducted for the purpose in
the political unit directly affected. In any change of name, the Office
of the President, the representative of the legislative district
concerned, and the Bureau of Posts shall be notified.
SECTION 14. Beginning of Corporate Existence . – When a new local
government unit is created, its corpor ate existence shall commence upon
the election and qualification of its chief executive and a majority of the
members of its Sanggunian, unless some other time is fixed therefor by
the law or ordinance creating it.
SECTION 15. Political and Corporate Nature of Local Government Units. –
Every local government unit created or recognized under this Code is a
body politic and corporat e endowed with powers to be exercised by it in
conformity with law. As such, it s hall exercise powers as a political
subdivision of the national gover nment and as a corporate entity
representing the inhabitants of its territory.
SECTION 16. General Welfare . – Every local government unit shall exercise the
powers expressly granted, t hose necessarily implied there from, as well as
powers necessary, appropriate, or incident al for its efficient and effective
governance, and those which are essentia l to the promotion of the general
welfare. Within their respective terri torial jurisdictions, local government
units shall ensure and support, among ot her things, the preservation and
enrichment of culture, promote health and safety, enhance the right of the
people to a balanced ecology, encourage and support the development of
appropriate and self-reliant scientific and technological capabilities,
improve public morals, enhance economic prosperity and social justice,
promote full employment among their residents, maintain peace and
order, and preserve the comfort and c onvenience of their inhabitants.
SECTION 17. Basic Services and Facilities .
(a) Local government units shall endeavor to be self-reliant and shall
continue exercising the powers and discharging the duties and
functions currently vested upon them . They shall also discharge the
functions and responsibilities of national agencies and offices
devolved to them pursuant to this Code. Local government units
shall likewise exercise such other powers and discharge such other
functions and responsibilities as are necessary, appropriate, or
incidental to efficient and effective provision of the basic services
and facilities enumerated herein.
(b) Such basic services and facilitie s include, but are not limited to, the
(1) For a Barangay:
(i) Agricultural support services which include planting materials distribution syst em and operation of farm
produce collection and buying stations;
(ii) Health and social welf are services which include
maintenance of Barangay heal th center and day-care
(iii) Services and facilities re lated to general hygiene and
sanitation, beautification, a nd solid waste collection;
(iv) Maintenance of Katarungang Pambarangay;
(v) Maintenance of Barangay roads and bridges and
water supply systems
(vi) Infrastructure facilities such as multi- purpose hall,
multipurpose pavement, plaza, sports center, and
other similar facilities;
(vii) Information and reading center; and
(viii) Satellite or public market, where viable;
(2) For a municipality:
(i) Extension and on-site research services and facilities related to agriculture and fishery activities which
include dispersal of livestock and poultry, fingerlings,
and other seeding materials for aquaculture; palay,
corn, and vegetable seed farms; medicinal plant
gardens; fruit tree, coc onut, and other kinds of
seedling nurseries; demonstration farms; quality
control of copra and improv ement and development of
local distribution channels, preferably through
cooperatives; inter -Barangay irrigation system; water
and soil resource utilization and conservation
projects; and enforcement of fishery laws in municipal
waters including the conservation of mangroves;
(ii) Pursuant to national policies and subject to
supervision, control and review of the DENR,
implementation of community -based forestry projects
which include integrated soci al forestry programs and
similar projects; m anagement and control of
communal forests with an area not exceeding fifty
(50) square kilometers; es tablishment of tree parks,
greenbelts, and similar forest development projects;
(iii) Subject to the provisions of Title Five, Book I of this
Code, health services which include the
implementation of program s and projects on primary
health care, maternal and child care, and
communicable and non-communicable disease
control services; access to secondary and tertiary
health services; purchase of medicines, medical
supplies, and equipment needed to carry out the
services herein enumerated;
(iv) Social welfare servic es which include programs and
projects on child and yout h welfare, family and
community welfare, women’s welfare, welfare of the
elderly and disabled persons; community-based
rehabilitation programs for vagrants, beggars, street
children, scavengers, juvenile delinquents, and
victims of drug abuse; liv elihood and other pro-poor
projects; nutrition services; and family planning
(v) Information services which include investments and job placement information systems, tax and marketing
information systems, and maintenance of a public
(vi) Solid waste disposal system or environmental
management system and services or facilities related
to general hygiene and sanitation;
(vii) Municipal buildings, cu ltural centers, public parks
including freedom parks, playgrounds, and sports
facilities and equipment, and other similar facilities;
(viii) Infrastructure facilities intended primarily to service
the needs of the residents of the municipality and
which are funded out of munici pal funds including, but
not limited to, municipal roads and bridges; school
buildings and other facilitie s for public elementary and
secondary schools; clinics, health centers and other
health facilities necessary to carry out health services;
communal irrigation, small water impounding projects
and other similar projects; fish ports; artesian wells,
spring development, rainwater collectors and water
supply systems; seawalls, dikes, drainage and
sewerage, and flood control; traffic signals and road
signs; and similar facilities;
(ix) Public markets, slaught erhouses and other municipal
(x) Public cemetery;
(xi) Tourism facilities and other tourist attractions, including the acquisition of equipment, regulation and
supervision of business concessions, and security
services for such facilities; and
(xii) Sites for police and fire stations and substations and the municipal jail;
(3) For a Province:
(i) Agricultural extension and on-site research services
and facilities which include the prevention and control
of plant and animal pests and diseases; dairy farms,
livestock markets, animal breeding stations, and
artificial insemination cent ers; and assistance in the
organization of farmers’ and fishermen’s cooperatives
and other collective organizations, as well as the
transfer of appropriate technology;
(ii) Industrial research and dev elopment services, as well
as the transfer of appropriate technology;
(iii) Pursuant to national policies and subject to
supervision, control and review of the DENR,
enforcement of forestry laws limited to community-
based forestry projects, pollution control law, small-
scale mining law, and other laws on the protection of
the environment; and mini-hydro electric projects for
(iv) Subject to the provisions of Title Five, Book I of this
Code, health services which include hospitals and
other tertiary health services;
(v) Social welfare services which include pro grams and projects on rebel returnees and evacuees; relief
operations; and, population development services;
(vi) Provincial buildings, provincial jails, freedom parks
and other public assembly areas, and other similar
(vii) Infrastructure facilities intended to service the needs of the residents of the prov ince and which are funded
out of provincial funds in cluding, but not limited to,
provincial roads and bridges; inter-municipal
waterworks, drainage and sewerage, flood control,
and irrigation systems; recl amation projects; and
(viii) Programs and projects for low-cost housing and other mass dwellings, except t hose funded by the Social
Security System (SSS), Government Service
Insurance System (G SIS), and the Home
Development Mutual Fund (HDMF): Provided, That
national funds for these pr ograms and projects shall
be equitably allocated among the regions in
proportion to the ratio of the homeless to the
(ix) Investment support services, including access to credit financing;
(x) Upgrading and modernization of tax information and
collection services thr ough the use of computer
hardware and software and other means;
(xi) Inter-municipal telecomm unications services, subject
to national policy guidelines; and
(xii) Tourism development and promotion programs;
(4) For a City:
All the services and facilities of the municipality and
province, and in addition thereto, the following:
(i) Adequate communication and transportation facilities;
(ii) Support for education, po lice and fire services and
(c) Notwithstanding the provisions of subsection (b) hereof, public
works and infrastructure projects and other facilities funded by the
national government under the annual General Appropriations Act,
other special laws, pertinent execut ive orders, and those wholly or
partially funded from foreign sour ces, are not covered under this
Section, except in those cases where the local government unit
concerned is duly designated as the implementing agency for such
projects, facilities, programs, and services.
(d) The designs, plans, specifications , testing of materials, and the
procurement of equipment and materials from both foreign and
local sources necessary for the provision of the foregoing services
and facilities shall be undertaken by the local government unit
concerned, based on national policies, standards and guidelines.
(e) National agencies or offices concerned shall devolve to local government units the responsibilit y for the provision of basic
services and facilities enumerated in this Section within six (6)
months after the effectivity of this Code.
As used in this Code, the term “dev olution” refers to the act by
which the national government c onfers power and authority upon
the various local government units to perform specific functions and
(f) The national government or t he next higher level of local
government unit may provide or augment the basic services and
facilities assigned to a lower leve l of local government unit when
such services or facilities are not made available or, if made
available, are inadequate to m eet the requirements of its
(g) The basic services and facilities hereinabove enumerated shall be funded from the share of local gover nment units in the proceeds of
national taxes and other local revenues and funding support from
the national government, its inst rumentalities and government-
owned or -controlled corporations which are tasked by law to
establish and maintain such servic es or facilities. Any fund or
resource available for the use of local government units shall be
first allocated for the provision of basic services or facilities
enumerated in subsection (b) hereof before applying the same for
other purposes, unless otherwise provided in this Code.
(h) The Regional offices of nat ional agencies or offices whose
functions are devolved to local gov ernment units as provided herein
shall be phased out within one (1) year from the approval of this
Code. Said national agencies and offi ces may establish such field
units as may be necessary for monitoring purposes and providing
technical assistance to local government units. The properties,
equipment, and other assets of t hese regional offices shall be
distributed to the local government uni ts in the region in accordance
with the rules and regulations i ssued by the oversight committee
created under this Code.
(i) The devolution contemplated in this Code shall include the transfer to local government units of the records, equipment and other
assets and personnel of nati onal agencies and offices,
corresponding to the devolved powers, functions, and
Personnel of said national agencies or offices shall be absorbed by
the local government units to which they belong or in whose areas
they are assigned to the extent that it is administratively viable as
determined by the said oversight committee: Provided, That the
rights accorded to such personnel pursuant to civil service law,
rules and regulations shall not be impaired: Provided, Further, That
regional directors who are career executive service officers and
other officers of similar rank in the said regional offices who cannot
be absorbed by the local government unit shall be retained by the
national government, without any di minution of rank, salary or
(j) To ensure the active participati on of the private sector in local
governance, local government units ma y, by ordinance, sell, lease,
encumber, or otherwise dispose of public economic enterprises
owned by them in their proprietary capacity.
Costs may also be charged for the delivery of basic services or
facilities enumerated in this Section.
SECTION 18. Power to Generate and Apply Resources. – Local government units shall have the power and authority to establish an organization that
shall be responsible for the efficient and effective implementation of their
development plans, program objectives and priorities; to create their own
sources of revenue and to levy taxe s, fees, and charges which shall
accrue exclusively for their use and disposition and which shall be
retained by them; to have a just share in national taxes which shall be
automatically and directly released to them without need of any further
action; to have an equitable share in the proceeds from the utilization and
development of the national wealth and resources within their respective
territorial jurisdictions including shar ing the same with the inhabitants by
way of direct benefits; to acquire, develop, lease, encum ber, alienate, or
otherwise dispose of real or personal property held by them in their
proprietary capacity and to apply their resources and assets for
productive, developmental, or welfar e purposes, in the exercise or
furtherance of their gover nmental or proprietary powers and functions and
thereby ensure their development into self-reliant communities and active
participants in the attainment of national goals.
SECTION 19. Eminent Domain . – A local government unit may, through its chief
executive and acting pursuant to an or dinance, exercise the power of
eminent domain for public use, or purpos e, or welfare for the benefit of the
poor and the landless, upon payment of just compensation, pursuant to
the provisions of the Constitution and pertinent laws: Provided, however,
That the power of eminent domain may not be exercised unless a valid
and definite offer has been previously made to the owner, and such offer
was not accepted: Provided, further, That the local government unit may
immediately take possession of the property upon the filing of the
expropriation proceedings and upon ma king a deposit with the proper
court of at least fifteen percent (15%) of the fair market value of the
property based on the curr ent tax declaration of the property to be
expropriated: Provided, finally, That, the amount to be paid for the
expropriated property shall be dete rmined by the proper court, based on
the fair market value at the time of the taking of the property.
SECTION 20. Reclassification of Lands .
A city or municipality may, through an ordinance passed by the
Sanggunian after conducting public hearings for the purpose, authorize
the reclassification of agricultural lands and provide for the manner of
their utilization or dispos ition in the following cases: (1) when the land
ceases to be economically feasible and sound for agricultural purposes
as determined by the Department of Ag riculture or (2) where the land
shall have substantially greater economic value for residential,
commercial, or industrial purposes , as determined by the Sanggunian
concerned: Provided, That such recl assification shall be limited to the
following percentage of the total agricul tural land area at the time of the
passage of the ordinance:
(1) For highly urbanized and independent component cities, fifteen percent (15%);
(2) For component cities and first to third class municipalities,
ten percent (10%); and
(3) For fourth to sixth class m unicipalities, five percent(5%):
Provided, further, That agricul tural lands distributed to
agrarian reform beneficiaries pursuant to Republic Act
Numbered Sixty-six hundred fi fty-seven (R.A. No. 6657),
otherwise known as “The Comprehensive Agrarian Reform
Law”, shall not be affected by the said reclassification and
the conversion of such lands into other purposes shall be
governed by Section 65 of said Act.
(b) The President may, when public interest so requires and upon
recommendation of the National Economic and Development
Authority, authorize a city or muni cipality to reclassify lands in
excess of the limits set in the next preceding paragraph.
(c) The local government units shall, in conformity with existing laws, continue to prepare their respecti ve comprehensive land use plans
enacted through zoning ordinances wh ich shall be the primary and
dominant bases for the future use of land resources: Provided, That
the requirements for food production, human settlements, and
industrial expansion shall be tak en into consideration in the
preparation of such plans.
(d) Where approval by a nat ional agency is required for
reclassification, such approval s hall not be unreasonably withheld.
Failure to act on a proper and complete application for
reclassification within three (3) m onths from receipt of the same
shall be deemed as approval thereof.
(e) Nothing in this Section shall be construed as repealing, amending,
or modifying in any manner the pr ovisions of R.A. No. 6657.
SECTION 21. Closure and Opening of Roads .
(a) A local government unit ma y, pursuant to an ordinance,
permanently or temporarily close or open any local road, alley,
park, or square falling within its jurisdiction: Provided, however,
That in case of permanent clos ure, such ordinance must be
approved by at least two-thirds (2 /3) of all the members of the
Sanggunian, and when necessary, an adequate substitute for the
public facility that is subject to closure is provided.
(b) No such way or place or any part thereof shall be permanently
closed without making provisions fo r the maintenance of public
safety therein. A property thus permanently withdrawn from public
use may be used or conveyed for any purpose for which other real
property belonging to the local gov ernment unit concerned may be
lawfully used or conveyed: Prov ided, however, That no freedom
park shall be closed permanently without provision for its transfer or
relocation to a new site.
(c) Any national or local road, alley, park, or square may be temporarily
closed during an actual emergency, or fiesta celebrations, public
rallies, agricultural or industrial fairs, or an undertaking of public
works and highways, telecommunications, and waterworks
projects, the duration of which sha ll be specified by the local chief
executive concerned in a written order: Provided, however, That no
national or local road, alley, park, or square shall set temporarily
closed for athletic, cultural, or civic activities not officially
sponsored, recognized, or approved by the local government unit
(d) Any city, municipality, or Ba rangay may, by a duly enacted close
and regulate the use of any local ordinance, temporarily street,
road, thoroughfare, or any other public place where shopping malls,
Sunday, flea or night markets, or shopping areas may be
established and where goods, merchandise, foodstuffs,
commodities, or articles of co mmerce may be sold and dispensed
to the general public.
SECTION 22. Corporate Powers .
(a) Every local government unit, as a corporation, shall have the following powers:
(1) To have continuous succession in its corporate name;
(2) To sue and be sued;
(3) To have and use a corporate seal;
(4) To acquire and convey real or personal property;
(5) To enter into contracts; and
(6) To exercise such other powers as are granted to
corporations, subject to the limit ations provided in this Code
and other laws.
(b) Local government units may cont inue using, modify, or change their
existing corporate seals: Provi ded, That newly established local
government units or those without corporate seals may create their
own corporate seals which shall be registered with the Department
of the Interior and Local Governm ent: Provided, further, That any
change of corporate seal shall al so be registered as provided
(c) Unless otherwise provided in this Code, contract may be entered
into by the local chief executiv e in behalf of the local government
unit without prior authorization by the Sanggunian concerned. A
legible copy of such contract shall be posted at a conspicuous
place in the provincial capitol or the city, municipal or Barangay
(d) Local government units shall enjoy full autonomy in the exercise of
their proprietary functions and in the management of their economic
enterprises, subject to the limitat ions provided in this Code and
other applicable laws.
SECTION 23. Authority to Negotiate and Secure Grants. – Local chief
executives may, upon authority of the Sanggunian, negotiate and secure
financial grants or donations in kind, in support of the basic services or
facilities enumerated under Section 17 hereof, from local and foreign
assistance agencies without necessity of securing clearance or approval
therefor from any department, agency, or office of the national government
or from any higher local government uni t: Provided, That projects financed
by such grants or assist ance with national security implications shall be
approved by the national agency concerned: Provided, further, That when
such national agency fails to act on the request for approval within thirty
(30) days from receipt thereof, the same shall be deemed approved.
The local chief executive shall, within thirty (30) days upon signing of such
grant agreement or deed of donation, report the nature, amount, and
terms of such assistance to both Houses of Congress and the President.
SECTION 24. Liability for Damages . – Local government units and their officials
are not exempt from liability for death or injury to persons or damage to
CHAPTER 3. – INTERGOVERNMENTAL RELATIONS
Article One. – National Government and Local Government Units
SECTION 25. National Supervision over Local Government Units . -(a)
Consistent with the basic policy on local autonomy, the President shall
exercise general supervision over loca l government units to ensure that
their acts are within the scope of t heir 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 citi es 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 loca l 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 appropria te national agency to provide
financial, technical, or other fo rms of assistance to the local
government unit. Such assistanc e 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 furn ish the local chief executive
concerned, for his information and guidance, monthly reports
including duly certified budgetary allocations and expenditures.
SECTION 26. Duty of National Government Agencies in the Maintenance of Ecological Balance . – It shall be the duty of every national agency or
government-owned or -controlled corporation authorizing or involved in the
planning and implementation of any proj ect or program that may cause
pollution, climatic change, depletion of non-renewable resources, loss of
crop land, rangeland, or forest cover, and extinction of animal or plant
species, to consult with the loca l government units, nongovernmental
organizations, and other sectors concerned and explain the goals and
objectives of project or progr am, its impact upon the people and the
community in terms of environment al or ecological balance, and the
measures that will be undertaken to pr event or minimize the adverse
SECTION 27. Prior Consultations Required .- No project or program shall be
implemented by governm ent authorities unless the consultations
mentioned in Sections 2 (c) and 26 hereof are complied with, and prior
approval of the Sanggunian concerned is obtained: Provided, That
occupants in areas where such projec ts are to be implemented shall not
be evicted unless appropriate relocation sites have been provided, in
accordance with the provisions of the Constitution.
Article Two. – Relations with the Philippine National Police
SECTION 28. – Powers of Local Chie f Executives over the Units of the
Philippine National Police . – The extent of operational supervision and
control of local chief executives over the police force, fire protection unit,
and jail management personnel assigned in their respective jurisdictions
shall be governed by the provisions of Republic Act Numbered Sixty-nine
hundred seventy-five (R.A. No. 6975), otherwise known as “The
Department of the Interior and Local Government Act of 1990”, and the
rules and regulations iss ued pursuant thereto.
Article Three. – Inter-Local Government Relations
SECTION 29. Provincial Relati ons with Component Cities and
Municipalities . – The province, through the governor, shall ensure that
every component city and municipality within its territorial jurisdiction acts
within the scope of its prescribed powers and functions. Highly urbanized
cities and independent component cities shall be independent of the
SECTION 30. Review of Executive Orders. – (a) Except as otherwise provided
under the Constitution and special statut es, the governor shall review all
executive orders promulgated by the component city or municipal Mayor
within his jurisdiction. The city or municipal Mayor shall review all
executive orders prom ulgated by the Punong Barangay within his
jurisdiction. Copies of such orders shall be forwarded to the governor or
the city or municipal Mayor, as the case may be, within three (3) days from
their issuance. In all instances of review, the local chief executive
concerned shall ensure that such exec utive orders are within the powers
granted by law and in conformity wit h provincial, city, or municipal
(b) If the governor or the city or municipal Mayor fails to act on said executive orders within thirty (30) days after their submission, the
same shall be deemed consistent with law and therefore valid.
SECTION 31. Submission of Municipal Questions to the Provincial Legal
Officer or Prosecutor . – In the absence of a muni cipal legal officer, the
municipal government may secure t he opinion of the provincial legal
officer, and in the absence of the latter, that of the provincial prosecutor on
any legal question affecting the municipality.
SECTION. 32. City and Municipal S upervision over Their Respective
Barangays. – The city or municipality, th rough the city or municipal Mayor
concerned, shall exercise general s upervision over component Barangays
to ensure that said Barangays act wit hin the scope of their prescribed
powers and functions.
SECTION 33. Cooperative Undertakings Among Local Government Units . –
Local government units may, th rough appropriate ordinances, group
themselves, consolidate, or coordi nate their efforts, services, and
resources for purposes commonly benefic ial to them. In support of such
undertakings, the local government uni ts involved may, upon approval by
the Sanggunian concerned after a pub lic hearing conducted for the
purpose, contribute funds, real es tate, equipment, and other kinds of
property and appoint or assign personnel under such terms and conditions
as may be agreed upon by the parti cipating local units through
Memoranda of Agreement.
CHAPTER 4. – RELATIONS WITH PEOPLE’S AND NONGOVERNMENTAL
SECTION 34. Role of People’s and Nongovernmental Organizations . – Local
government units shall promote the establishment and operation of
people’s and nongovernmental organizations to become active partners in
the pursuit of local autonomy.
SECTION 35. Linkages with People’s and Non-Governmental Organizations .
– Local government units may enter in to joint ventures and such other
cooperative arrangements with people’s and nongovernmental
organizations to engage in the deliver y of certain basic services,
capability-building and livelihood projects , and to develop local enterprises
designed to improve productivity and inco me, diversify agriculture, spur
rural industrialization, promot e ecological balance, and enhance the
economic and social well-being of the people.
SECTION 36. Assistance to People’ s and Nongovernmental Organizations . –
A local government unit may, through it s local chief executive and with the
concurrence of the Sanggunian concerned, provide assistance, financial
or otherwise, to such people’s and nongovernmental organizations for
economic, socially-oriented, environmental , or cultural projects to be
implemented within its territorial jurisdiction.
CHAPTER 5. – LOCAL PREQUALIFICATION, BIDS AND AWARDS COMMITTEE
SECTION 37. Local Prequalification, Bids and Awards Committee (Local
(a) There is hereby created a local prequalification, bids and awards
committee in every province, city, and municipality, which shall be
primarily responsible for the conduct of prequalification of
contractors, bidding, evaluation of bids, and the recommendation of
awards concerning local infrastructu re projects. The governor or the
city or municipal Mayor shall act as the chairman with the following
(1) The chairman of the appropriations committee of the Sanggunian concerned;
(2) A representative of the minority party in the Sanggunian concerned, if any, or if ther e be none, one (1) chosen by said
Sanggunian from among its members;
(3) The local treasurer;
(4) Two (2) representatives of nongovernmental organizations
that are represented in t he local development council
concerned, to be chosen by t he organizations themselves;
and (11) Any practicing certifi ed public accountant from the
private sector, to be designated by the local chapter of the
Philippine Institute of Certified Public Accountants, if any.
Representatives of the Commi ssion on Audit shall observe
the proceedings of such committ ee and shall certify that the
rules and procedures for prequalif ication, bids and awards
have been complied with.
(b) The agenda and other information relev ant to the meetings of such
committee shall be deliberated upon by the committee at least one
(1) week before the holding of such meetings.
(c) All meetings of the committee sha ll be held in the provincial capitol
or the city or municipal hall. The minutes of such meetings of the
committee and any decision made t herein shall be duly recorded,
posted at a prominent place in the pr ovincial capitol or the city or
municipal hall, and delivered by the most expedient means to
elective local officials concerned.
SECTION 38. Local Technical Committee . – (a) There is hereby created a local
technical committee in every province, city and municipality to provide
technical assistance to the local prequalification, bids and awards
committees. It shall be composed of the provincial, city or municipal
engineer, the local planning and developm ent coordinator, and such other
officials designated by the local pr equalification, bids and awards
(b) The chairman of the local tec hnical committee shall be designated
by the local prequalification, bi ds and awards committee and shall
attend its meeting in order to present the reports and
recommendations of the local technical committee.
TITLE TWO. – ELECTIVE OFFICIALS
CHAPTER 1. – QALIFICATIONS AND ELECTION
SECTION 39. Qualifications . – (a) An elective local official must be a citizen of
the Philippines; a registered voter in the Barangay, municipality, city, or
province or, in the case of a me mber of the Sangguniang Panlalawigan,
Sangguniang Panlungsod, or Sanggunian bay an, the district where he
intends to be elected; a resident therein for at least one (1) year
immediately preceding the day of t he election; and able to read and write
Filipino or any other local language or dialect.
(b) Candidates for the position of governor, vice- governor or member
of the Sangguniang Panlalawigan, or Mayor, vice-mayor or member
of the Sangguniang Panlungsod of highly urbanized cities must be
at least twenty-three (23) years of age on election day.
(c) Candidates for the position of Mayor or vice-mayor of independent
component cities, component cities, municipalities must be at least
twenty-one (21) years of age on election day.
(d) Candidates for the position of member of the Sangguniang
Panlungsod or Sangguniang bayan must be at least eighteen (18)
years of age on election day.
(e) Candidates for the position of Punong Barangay or member of the
Sangguniang Barangay must be at leas t eighteen (18) years of age
on election day.
(f) Candidates for the Sangguniang kabat aan must be at least fifteen
(15) years of age but not more than twenty-one (21) years of age
on election day.
SECTION 40. Disqualifications . – The following persons are disqualified from
running for any elective local position:
(a) Those sentenced by final judgment for an offense involving moral
turpitude or for an offense punishabl e by one (1) year or more of
imprisonment, within two (2) years after serving sentence;
(b) Those removed from office as a result of an administrative case;
(c) Those convicted by final judgment for violat ing the oath of
allegiance to the Republic;
(d) Those with dual citizenship;
(e) Fugitives from justice in crim inal or nonpolitical cases here or
(f) Permanent residents in a forei gn country or those who have
acquired the right to reside abr oad and continue to avail of the
same right after the effectivity of this Code; and
(g) The insane or feeble-minded.
SECTION 41. Manner of Election. – (a) The governor, vice-governor, city Mayor,
city vice-mayor, municipal Mayor, municipal vice-mayor, and Punong
Barangay shall be elected at large in their respective units by the qualified
voters therein. However, the Sangguniang kabataan chairman for each
Barangay shall be elected by the registered voters of the katipunan ng
kabataan, as provided in this Code.
(b) The regular members of the Sangguniang Panlalawigan,
Sangguniang Panlungsod, and Sangguniang bayan shall be
elected by district, as may be pr ovided for by law. Sangguniang
Barangay members shall be elected at large. The presidents of the
leagues of Sanggunian members of component cities and
municipalities shall serve as ex officio members of the
Sangguniang Panlalawigan concerned. The presidents of the liga
ng mga Barangay and the peder asyon ng mga Sangguniang
kabataan elected by their respective chapters, as provided in this
Code, shall serve as ex officio members of the Sangguniang
Panlalawigan, Sangguniang Panlungsod, and Sangguniang bayan.
(c) In addition thereto, there sha ll be one (1) sectoral representative
from the women, one (1) from the workers, and one (1) from any of
the following sectors: the ur ban poor, indigenous cultural
communities, disabled persons, or any other sector as may be
determined by the Sanggunian conc erned within ninety (90) days
prior to the holding of the next local elections, as may be provided
for by law. The Comelec shall promulgate the rules and regulations
to effectively provide for the election of such sectoral
SECTION 42. Date of Election . – Unless otherwise provided by law, the
elections for local officials shall be held every three (3) years on the
second Monday of May.
SECTION 43. Term of Office . – (a) The term of office of all local elective officials
elected after the effectivity of this Code shall be three (3) years, starting
from noon of June 30, 1992 or such date as may be provided for by law,
except that of elective Barangay offici als: Provided, That all local officials
first elected during the local elections immediately following the ratification
of the 1987 Constitution shall serve until noon of June 30, 1992.
(b) No local elective official shall serve for more than three (3) consecutive terms in the same pos ition. Voluntary renunciation of
the office for any length of time shall not be considered as an
interruption in the continuity of se rvice for the full term for which the
elective official concerned was elected.
(c) The term of office of Barangay officials and members of the
Sangguniang kabataan shall be for thr ee (3) years, which shall
begin after the regular election of Ba rangay officials on the second
Monday of May 1994.
CHAPTER 2. – VACANCIES AND SUCCESSION
SECTION 44. Permanent Vacancies in the Offices of the Governor, Vice-
Governor, Mayor, and Vice-Mayor . – If a permanent vacancy occurs in
the office of the governor or Mayo r, the vice-governor or vice-mayor
concerned shall become the governor or Mayor. If a permanent vacancy
occurs in the offices of the governor, vice-governor, Mayor, or vice-mayor,
the highest ranking Sanggunian member or, in case of his permanent
inability, the second highest rank ing Sanggunian member, shall become
the governor, vice-governor, Mayor or vice-mayor, as the case may be.
Subsequent vacancies in the said office shall be filled automatically by the
other Sanggunian members according to their ranking as defined herein.
(b) If a permanent vacancy occurs in the office of the Punong
Barangay, the highest ranking S anggunian Barangay member or, in
case of his permanent inabilit y, the second highest ranking
Sanggunian member, shall become the Punong Barangay.
(c) A tie between or among the highest ranking Sanggunian members
shall be resolved by the drawing of lots.
(d) The successors as defined herei n shall serve only the unexpired
terms of their predecessors. For purposes of this Chapter, a
permanent vacancy arises when an elective local official fills a
higher vacant office, refuses to assu me office, fails to qualify, dies,
is removed from office, volunt arily resigns, or is otherwise
permanently incapacitated to discharge the functions of his office.
For purposes of succession as provided in this Chapter, ranking in
the Sanggunian shall be determined on t he basis of the proportion
of votes obtained by each winning c andidate to the total number of
registered voters in each district in the immediately preceding local
SECTION 45. Permanent Vacancies in the Sanggunian .
(a) Permanent vacancies in the Sanggunian where automatic
successions provided above do not apply shall be filled by
appointment in the following manner:
(1) The President, through the Executive Secretary, in the case of the Sangguniang Panlalawigan and the Sangguniang
Panlungsod of highly urbanized cities and independent
(2) The governor, in the case of the Sangguniang Panlungsod of
component cities and the Sangguniang bayan;
(3) The city or municipal Mayor, in the case of Sangguniang Barangay, upon recommendation of the Sangguniang
(b) Except for the Sangguniang Barangay, only the nominee of the political party under which t he Sanggunian member concerned had
been elected and whose elevation to the position next higher in
rank created the last vacancy in the Sanggunian shall be appointed
in the manner hereinabove provi ded. The appointee shall come
from the same political party as that of the Sanggunian member
who caused the vacancy and shall serve the unexpired term of the
vacant office. In the appointment herein mentioned, a nomination
and a certificate of membership of the appointee from the highest
official of the political party concerned are conditions sine qua non,
and any appointment without such nomination and certification shall
be null and void ab initio and shall be a ground for administrative
action against the official responsible therefor.
(c) In case the permanent vacancy is caused by a Sanggunian member who does not belong to any political party, the local chief
executive shall, upon recomm endation of the Sanggunian
concerned, appoint a qualified per son to fill the vacancy.
(d) In case of vacancy in the representation of the youth and the
Barangay in the Sanggunian, sa id vacancy shall be filled
automatically by the official nex t in rank of the organization
SECTION 46. Temporary Vacancy in the Office of the Local Chief Executive .
– (a) When the governor, city or munici pal Mayor, or Punong Barangay is
temporarily incapacitated to perform his duties for physical or legal
reasons such as, but not limited to, l eave of absence, travel abroad, and
suspension from office, the vice-governor , city or municipal vice-mayor, or
the highest ranking Sangguniang Barangay member shall automatically
exercise the powers and perform the dutie s and functions of the local chief
executive concerned, except the pow er to appoint, suspend, or dismiss
employees which can only be exerci sed if the period of temporary
incapacity exceeds thirty (30) working days.
(b) Said temporary incapacity shall terminate upon submission to the appropriate Sanggunian of a written declaration by the local chief
executive concerned that he has r eported back to office. In cases
where the temporary incapacity is due to legal causes, the local
chief executive concerned shall also submit necessary documents
showing that said legal causes no longer exist.
(c) When the incumbent local chief executive is traveling within the
country but outside his territorial jurisdiction for a period not
exceeding three (3) consecutive da ys, he may designate in writing
the officer-in-charge of the said office. Such authorization shall
specify the powers and functions that the local official concerned
shall exercise in the absence of t he local chief executive except the
power to appoint, suspend, or dismiss employees.
(d) In the event, however, that the local chief executive concerned fails
or refuses to issue such authorizati on, the vice-governor, the city or
municipal vice-mayor, or t he highest ranking Sangguniang
Barangay member, as the case may be, shall have the right to
assume the powers, duties, and func tions of the said office on the
fourth (4th) day of absence of the said local chief executive, subject
to the limitations provided in subsection (c) hereof.
(e) Except as provided above, the loca l chief executive shall in no case
authorize any local official to assume the powers, duties, and
functions of the office, other than the vice-governor, the city or
municipal vice- Mayor, or the highest ranking Sangguniang
Barangay member, as the case may be.
SECTION 47. Approval of Leaves of Absence . – (a) Leaves of absence of local
elective officials shall be approved as follows:
(1) Leaves of absence of the gov ernor and the Mayor of a highly
urbanized city or an independent component city shall be
approved by the President or his duly authorized
(2) Leaves of absence of a vice-gov ernor or a city or municipal
vice-mayor shall be approved by the local chief executive
concerned: Provided, That t he leaves of absence of the
members of the Sanggunian and its employees shall be
approved by the vice-governor or city or municipal vice-
(3) Leaves of absence of the com ponent city or municipal Mayor
shall be approved by the governor; and
(4) Leaves of absence of a Punong Barangay shall be approved by the city or municipal mayor: Provided, That leaves of
absence of Sangguniang Barangay members shall be
approved by the Punong Barangay.
(b) Whenever the application for leave of absence hereinabove
specified is not acted upon within fi ve (5) working days after receipt
thereof, the application for leav e of absence shall be deemed
CHAPTER 3. – LOCAL LEGISLATION
SECTION 48. Local Legislative Power. – Local legislative power shall be
exercised by the Sangguniang Panlal awigan for the province; the
Sangguniang Panlungsod for the city; the Sangguniang bayan for the
municipality; and the Sangguniang Barangay for the Barangay.
SECTION 49. Presiding Officer . – (a) The vice-governor shall be the presiding
officer of the Sangguniang Panlalawigan; the city vice-mayor, of the
Sangguniang Panlungsod; the municipal vice-mayor, of the Sangguniang
bayan; and the Punong Barangay, of the Sangguniang Barangay. The
presiding officer shall vote only to break a tie.
(b) In the event of the inability of the regular Presiding officer to preside at a Sanggunian session, the member s present and constituting a
quorum shall elect from among them selves a temporary presiding
officer. He shall certify within t en (10) days from the passage of
ordinances enacted and resoluti ons adopted by the Sanggunian in
the session over which he temporarily presided.
SECTION 50. Internal Rules of Procedure . – (a) On the first regular session
following the election of its me mbers and within ninety (90) days
thereafter, the Sanggunian concerned s hall adopt or update its existing
rules of procedure.
(b) The rules of procedure shall provide for the following:
(1) The organization of the Sanggunian and the election of its officers as well as the creat ion of standing committees which
shall include, but shall not be limited to, the committees on
appropriations, women and family , human rights, youth and
sports development, environmental protection, and
cooperatives; the general jurisd iction of each committee; and
the election of the chairman and members of each
(2) The order and calendar of business for each session;
(3) The legislative process;
(4) The parliamentary procedures which include the conduct of
members during sessions;
(5) The discipline of members for disorderly behavior and absences without justifiable caus e for four (4) consecutive
sessions, for which they may be censured, reprimanded, or
excluded from the session, suspended for not more than
sixty (60) days, or expelled: Provided, That the penalty of
suspension or expulsion shall r equire the concurrence of at
least two-thirds (2/3) vote of all the Sanggunian members:
Provided, further, That a me mber convicted by final
judgment to imprisonm ent of at least one (1) year for any
crime involving moral turp itude shall be automatically
expelled from the Sanggunian; and
(6) Such other rules as the Sanggunian may adopt.
SECTION 51. Full Disclosure of Fina ncial and Business Interests of
Sanggunian Members . – (a) Every Sanggunian member shall, upon
assumption to office, make a full di sclosure of his business and financial
interests. He shall also disclose any business, financial, or professional
relationship or any relation by affini ty or consanguinity within the fourth
civil degree, which he may have with any person, firm, or entity affected by
any ordinance or resolution under c onsideration by the Sanggunian of
which he is a member, which relationship may result in conflict of inter
Such relationship shall include:
(1) Ownership of stock or capital, or investment, in the entity or
firm to which the ordinance or resolution may apply; and
(2) Contracts or agreem ents with any person or entity which the
ordinance or resolution under c onsideration may affect. In
the absence of a specific consti tutional or statutory provision
applicable to this situation, “c onflict of interest” refers in
general to one where it may be reasonably deduced that a
member of a Sanggunian may not act in the public interest
due to some private, pecuni ary, or other personal
considerations that may tend to affect his judgment to the
prejudice of the service or the public.
(b) The disclosure required under this Act shall be made in writing and
submitted to the secret ary of the Sanggunian or the secretary of the
committee of which he is a member . The disclosure shall, in all
cases, form part of the record of the proceedings and shall be
made in the following manner:
(1) Disclosure shall be made befor e the member participates in
the deliberations on the or dinance or resolution under
consideration: Provided, T hat, if the member did not
participate during the deliberati ons, the disclosure shall be
made before voting on the ordinance or resolution on second
and third readings; and
(2) Disclosure shall be made when a member takes a position or makes a privilege speech on a matter that may affect the
business interest, financial connection, or professional
relationship described herein.
SECTION 52. Sessions . – (a) On the first day of the session immediately
following the election of its members, the Sanggunian shall, by resolution,
fix the day, time, and place of its regular sessions. The minimum number
of regular sessions shall be onc e a week for the Sangguniang
Panlalawigan, Sangguniang Panlungsod, and Sangguniang bayan, and
twice a month for the Sangguniang Barangay.
(b) When public interest so demands, special sessions may be called by the local chief executive or by a majority of the members of the
(c) All Sanggunian sessions shall be open to the public unless a closed-door session is or dered by an affirmative vote of a majority
of the members present, there being a quorum, in the public
interest or for reasons of security , decency, or morality. No two (2)
sessions, regular or special, may be held in a single day.
(d) In the case of special sessions of the Sanggunian, a written notice
to the members shall be served per sonally at the member’s usual
place of residence at least twent y- four (24) hours before the
special session is held. Unless other wise concurred in by two-thirds
(2/3) vote of the Sanggunian me mbers present, there being a
quorum, no other matters may be c onsidered at a special session
except those stated in the notice.
(e) Each Sanggunian shall keep a jour nal and record of its proceedings
which may be published upon resolution of the Sanggunian
SECTION 53. Quorum. – (a) A majority of all the members of the Sanggunian who have been elected and qualified shall constitute a quorum to transact
official business. Should a question of quorum be raised during a sessio
the presiding officer shall immediately proceed to call the roll of the
members and thereafter announce the results.
(b) Where there is no quorum, the presiding officer may declare a recess until such time as a quorum is constituted, or a majority of
the members present may adjour n from day to day and may
compel the immediate attendance of any member absent without
justifiable cause by designating a member of the Sanggunian, to be
assisted by a member or member s of the police force assigned in
the territorial jurisdiction of the local government unit concerned, to
arrest the absent member and present him at the session.
(c) If there is still no quorum des pite the enforcement of the
immediately preceding subsection, no business shall be transacted.
The presiding officer, upon proper motion duly approved by the
members present, shall then declare the session adjourned for lack
SECTION 54. Approval of Ordinances . – (a) Every ordinance enacted by the
Sangguniang Panlalawigan, Sangguniang Panlungsod, or Sangguniang
bayan shall be presented to the provincial governor or city or municipal
mayor, as the case may be. If the local chief executive concerned
approves the same, he shall affix his signature on each and every page
thereof; otherwise, he shall veto it and return the same with his objections
to the Sanggunian, which may proceed to reconsider the same. The
Sanggunian concerned may override the veto of the local chief executive
by two-thirds (2/3) vote of all its members, thereby making the ordinance
or resolution effective for all legal intents and purposes.
(b) The veto shall be communicat ed by the local chief executive
concerned to the Sanggunian within fift een (15) days in the case of
a province, and ten (10) days in the case of a city or a municipality;
otherwise, the ordinance shall be deemed approved as if he had
(c) ordinances enacted by the Sangguniang Barangay shall, upon approval by the majority of a ll its members, be signed by the
SECTION 55. Veto Power of the Local Chief Executive . – (a) The local chief
executive may veto any ordinance of the Sangguniang Panlalawigan,
Sangguniang Panlungsod, or Sangguniang bay an on the ground that it is
ultra vires or prejudicial to the public welfare, stating his reasons therefor
(b) The local chief executive, except the Punong Barangay, shall have
the power to veto any particular it em or items of an appropriations
ordinance, an ordinance or resolu tion adopting a local development
plan and public investment program , or an ordinance directing the
payment of money or creat ing liability. In such a case, the veto shall
not affect the item or items whic h are not objected to. The vetoed
item or items shall not take e ffect unless the Sanggunian overrides
the veto in the manner herein provi ded; otherwise, the item or items
in the appropriations ordinance of the previous year corresponding
to those vetoed, if any, shall be deemed reenacted.
(c) The local chief executive may veto an ordinance or resolution only
once. The Sanggunian may override the veto of the local chief
executive concerned by two-thirds (2/3) vote of all its members,
thereby making the ordinance effect ive even without the approval of
the local chief executive concerned.
SECTION 56. Review of Component City and Municipal Ordinances or
Resolutions by the Sangguniang Panlalawigan . – (a) Within three (3)
days after approval, the secretar y to the Sanggunian Panlungsod or
Sangguniang bayan shall forward to the Sangguniang Panlalawigan for
review, copies of approved ordinances and the resolutions approving the
local development plans and public in vestment programs formulated by
the local development councils.
(b) Within thirty (30) days after receipt of copies of such ordinances
and resolutions, the Sangguniang Panl alawigan shall examine the
documents or transmit them to the provincial attorney, or if there be
none, to the provincial prosecutor for prompt examination. The
provincial attorney or provincial prosecutor shall, within a period of
ten (10) days from receipt of the documents, inform the
Sangguniang Panlalawigan in writ ing of his comments or
recommendations, which may be considered by the Sangguniang
Panlalawigan in making its decision.
(c) If the Sangguniang Panlalawigan finds that such an ordinance or resolution is beyond the power conferred upon the Sangguniang
Panlungsod or Sangguniang bayan concerned, it shall declare such
ordinance or resolution invalid in whole or in part. The Sangguniang
Panlalawigan shall enter its action in the minutes and shall advise
the corresponding city or municipal authorities of the action it has
(d) If no action has been taken by the Sangguniang Panlalawigan within thirty (30) days after subm ission of such an ordinance or
resolution, the same shall be presumed consistent with law and
SECTION 57. Review of Barangay Ordinances by the Sangguniang Panlungsod or Sangguniang Bayan . – (a) Within ten (10) days after its
enactment, the Sangguniang Barangay s hall furnish copies of all
Barangay ordinances to the S angguniang Panlungsod or Sangguniang
bayan concerned for review as to whet her the ordinance is consistent with
law and city or municipal ordinances.
(b) If the Sangguniang Panlungsod or Sangguniang bayan, as the case
may be, fails to take action on Barangay ordinances within thirty
(30) days from receipt thereo f, the same shall be deemed
(c) If the Sangguniang Panlungsod or Sangguniang bayan, as the case
may be, finds the Barangay ordinances inconsistent with law or city
or municipal ordinances, the S anggunian concerned shall, within
thirty (30) days from receipt t hereof, return the same with its
comments and recommendations to the Sangguniang Barangay
concerned for adjustment, amendment, or modification; in which
case, the effectivity of the Barangay ordinance is suspended until
such time as the revision called for is effected.
SECTION 58. Enforcement of Disappr oved ordinances or Resolutions. – Any
attempt to enforce any ordinance or any resolution approving the local
development plan and public investment program, after the disapproval
thereof, shall be sufficient ground for t he suspension or dismissal of the
official or employee concerned.
SECTION 59. Effectivity of Ordinances or Resolutions . (a) Unless otherwise
stated in the ordinance or the resolution approving the local development
plan and public investment program, the same shall take effect after ten
(10) days from the date a copy thereof is posted in a bulletin board at the
entrance of the provincial capitol or city, municipal, or Barangay hall, as
the case may be, and in at least two (2) other conspicuous places in the
local government unit concerned.
(b) The secretary to the Sanggunian concerned shall cause the posting of an ordinance or resolution in the bulletin board at the entrance of
the provincial capitol and the city, municipal, or Barangay hall in at
least two (2) conspicuous places in the local government unit
concerned not later than five (5) days after approval thereof.
The text of the ordinance or re solution shall be disseminated and
posted in Filipino or English and in the language or dialect
understood by the majority of the people in the local government
unit concerned, and the secretary to the Sanggunian shall record
such fact in a book kept for the purpose, stati ng the dates of
approval and posting.
(c) The gist of all ordinances wit h penal sanctions shall be published in
a newspaper of general circulation within the province where the
local legislative body concerned belongs. In the absence of any
newspaper of general circulation wit hin the province, posting of
such ordinances shall be made in all municipalities and cities of the
province where the Sanggunian of origin is situated.
(d) In the case of highly urbanized cities, the main features of the
ordinance or resolution duly enacted or adopted shall, in addition to
being posted, be published once in a local newspaper of general
circulation within the city: Provided, That in the absence thereof the
ordinance or resolution shall be published in any newspaper of
CHAPTER 4. – DISCIPLINARY ACTIONS
SECTION 60. Grounds for Disciplinary Actions . – An elective local official may
be disciplined, suspended, or removed fr om office on any of the following
(a) Disloyalty to the Republic of the Philippines;
(b) Culpable violation of the Constitution;
(c) Dishonesty, oppression, misconduct in office, gross negligence, or
dereliction of duty;
(d) Commission of any offense involv ing moral turpitude or an offense
punishable by at least prision mayor;
(e) Abuse of authority;
(f) Unauthorized absence for fifteen ( 15) consecutive working days,
except in the case of member s of the Sangguniang Panlalawigan,
Sangguniang Panlungsod, Sangguniang bayan, and Sangguniang
(g) Application for, or acquisition of, foreign citizenship or residence or
the status of an immigrant of another country; and
(h) Such other grounds as may be provided in this Code and other
laws. An elective local official may be removed from office on the
grounds enumerated above by order of the proper court.
SECTION 61. Form and Filing of Administrative Complaints . – A verified
complaint against any erring local electi ve official shall be prepared as
(a) A complaint against any elective official of a province, a highly
urbanized city, an independent component city or component city
shall be filed before the Office of the President;
(b) A complaint against any elective official of a municipality shall be filed before the Sangguniang Panlal awigan whose decision may be
appealed to the Office of the President; and
(c) A complaint against any elective Barangay official shall be filed
before the Sangguniang Panlungsod or Sangguniang bayan
concerned whose decision shall be final and executory.
SECTION 62. Notice of Hearing . – (a) Within seven (7) days after the
administrative complaint is filed, the Office of the President or the
Sanggunian concerned, as the case ma y be, shall require the respondent
to submit his verified answer within fi fteen (15) days from receipt thereof,
and commence the investigation of t he case within ten (10) days after
receipt of such answer of the respondent.
(b) When the respondent is an elective official of a province or highly
urbanized city, such hearing and investigation shall be conducted in
the place where he render s or holds office. For all other local
elective officials, the venue shall be the place where the
Sanggunian concerned is located.
(c) However, no investigation s hall be held within ninety (90) days
immediately prior to any loca l election, and no preventive
suspension shall be imposed within t he said period. If preventive
suspension has been imposed prio r to the 90-day period
immediately preceding local election, it shall be deemed
automatically lifted upon the st art of aforesaid period.
SECTION 63. Preventive Suspension .
(a) Preventive suspension may be imposed:
(1) By the President, if the respondent is an elective official of a
province, a highly urbaniz ed or an independent component
(2) By the governor, if the respondent is an elective official of a
component city or municipality; or
(3) By the mayor, if the respondent is an elective official of the
(b) Preventive suspension may be imposed at any time after the issues are joined, when the evidence of guilt is strong, and given the
gravity of the offense, there is great probability that the continuance
in office of the respondent coul d influence the witnesses or pose a
threat to the safety and integrity of the records and other evidence:
Provided, That, any single preventiv e suspension of local elective
officials shall not extend beyond sixt y (60) days: Provided, further,
That in the event that several adm inistrative cases are filed against
an elective official, he cannot be preventively suspended for more
than ninety (90) days within a si ngle year on the same ground or
grounds existing and known at the time of the first suspension.
(c) Upon expiration of the prevent ive suspension, the suspended
elective official shall be deem ed reinstated in office without
prejudice to the continuation of the proceedings against him, which
shall be terminated within one hundred twenty (120) days from the
time he was formally notified of t he case against him. However, if
the delay in the proceedi ngs of the case is due to his fault, neglect,
or request, other than the appeal duly filed, the duration of such
delay shall not be counted in comput ing the time of termination of
(d) Any abuse of the exercise of the power of preventive suspension
shall be penalized as abuse of authority.
SECTION 64. Salary of Respondent Pending Suspension . – The respondent
official preventively suspended from office shall receive no salary or
compensation during such suspensi on; but, upon subsequent exoneration
and reinstatement, he shall be paid full salary or compensation including
such emoluments accruing during such suspension.
SECTION 65. Rights of Respondent – The respondent shall be accorded full
opportunity to appear and defend himself in person or by counsel, to
confront and cross-exami ne the witnesses against him, and to require the
attendance of witnesses and the producti on of documentary evidence in
his favor through the compulsory process of subpoena or subpoena duces
SECTION 66. Form and Notice of Decision . – (a) The investigation of the case
shall be terminated within ninety (90) da ys from the start thereof. Within
thirty (30) days after the end of the investigation, the Office of the
President or the Sanggunian concerned s hall render a decision in writing
stating clearly and distinctly the fact s and the reasons for such decision.
Copies of said decision shall imm ediately be furnished the respondent and
all interested parties.
(b) The penalty of suspension shall not exceed the unexpired term of the respondent or a period of six (6) months for every
administrative offense, nor sha ll said penalty be a bar to the
candidacy of the respondent so sus pended as long as he meets the
qualifications required for the office.
(c) The penalty of removal from office as a result of an administrative
investigation shall be considered a bar to the candidacy of the
respondent for any elective position.
SECTION 67. Administrative Appeals . – Decisions in administrative cases may,
within thirty (30) days from receipt thereof, be appealed to the follo
(a) The Sangguniang Panlalawigan, in the case of decisions of the
Sangguniang Panlungsod of component cities and the
Sangguniang bayan; and
(b) The Office of the President, in the case of decisions of the
Sangguniang Panlalawigan and the Sangguniang Panlungsod of
highly urbanized cities and independent component cities.
Decisions of the Office of the Pres ident shall be final and executory.
SECTION 68. Execution Pending Appeal. – An appeal shall not prevent a decision from becoming final or ex ecutory. The respondent shall be
considered as having been placed under preventive suspension during the
pendency of an appeal in the event he wins such appeal. In the event the
appeal results in an exoneration, he shall be paid his salary and such
other emoluments during the pendency of the appeal.
CHAPTER 5. – RECALL
SECTION 69. By Whom Exercised . – The power of recall for loss of confidence
shall be exercised by the registered vo ters of a local government unit to
which the local elective official subject to such recall belongs.
SECTION 70. Initiation of the Recall Process. – (a) Recall may be initiated by a preparatory recall assembly or by t he registered voters of the local
government unit to which the local elective official subject to such recall
(b) There shall be a preparatory recall assembly in every province, city, district, and municipality which shall be composed of the following:
(1) Provincial level. – All ma yors, vice-mayors, and Sanggunian
members of the municipalities and component cities;
(2) City level. – All Punong Barangay and Sangguniang Barangay members in the city;
(3) Legislative District level. – In cases where Sangguniang Panlalawigan members are elect ed by district, all elective
municipal officials in the district; and in cases where
Sangguniang Panlungsod members are elected by district,
all elective Barangay officials in the district; and
(4) Municipal level. – All Punong Barangay and Sangguniang Barangay members in the municipality.
(c) A majority of all the preparat ory recall assembly members may
convene in session in a public plac e and initiate a recall proceeding
against any elective official in the local government unit concerned.
Recall of provincial, city, or m unicipal officials shall be validly
initiated through a resolution adopt ed by a majority of all the
members of the preparatory reca ll assembly concerned during its
session called for the purpose.
(d) Recall of any elective provincial, city, municipal, or Barangay official
may also be validly initiated upon pet ition of at least twenty-five
percent (25%) of the total number of registered voters in the local
government unit concerned during t he election in which the local
official sought to be recalled was elected.
(1) A written petition for recall duly signed before the election
registrar or his representative, and in the presence of a
representative of t he petitioner and a repr esentative of the
official sought to be recalled, and in a public place in the
province, city, municipality, or Barangay, as the case may
be, shall be filed with the Come lec through its office in the
local government unit concerne d. The Comelec or its duly
authorized representative shall cause the publication of the
petition in a public and conspicuous place for a period of not
less than ten (10) days nor more than twenty (20) days, for
the purpose of verifying the authenticity and genuineness of
the petition and the requir ed percentage of voters.
(2) Upon the lapse of the afores aid period, the Comelec or its
duly authorized representat ive shall announce the
acceptance of candidates to the position and thereafter
prepare the list of candidates which shall include the name
of the official sought to be recalled.
SECTION 71. Election on Recall . – Upon the filing of a valid resolution or
petition for recall with t he appropriate local office of the Comelec, the
Commission or its duly authorized represent ative shall set the date of the
election on recall, which shall not be la ter than thirty (30) days after the
filing of the resolution or petition for recall in the case of the Barangay,
city, or municipal officials, and forty-five (45) days in the case of provincial
officials. The official or officials sought to be recalled shall automatically be
considered as duly registered candidat e or candidates to the pertinent
positions and, like other candidates, shall be entitled to be voted upon.
SECTION 72. Effectivity of Recall . – The recall of an elective local official shall
be effective only upon the election and proclamation of a successor in t
person of the candidate receiving the highest number of votes cast during
the election on recall. Should the official sought to be recalled receiv
highest number of votes, confidence in him is thereby affirmed, and he
shall continue in office.
SECTION 73. Prohibition from Resignation. – The elective local official sought
to be recalled shall not be allowed to resign while the recall process i
SECTION 74. Limitations on Recall . – (a) Any elective local official may be the
subject of a recall election only once dur ing his term of office for loss of
(b) No recall shall take place withi n one (1) year from the date of the
official’s assumption to office or one (1) year immediately preceding
a regular local election.
SECTION 75. Expenses Inci dent to Recall Elections. – All expenses incident
to recall elections shall be borne by t he Comelec. For this purpose, there
shall be included in the annual General Appropriations Act a contingency
fund at the disposal of the Comelec for the conduct of recall elections.
TITLE THREE. – HUMAN RESOURCES AND DEVELOPMENT
SECTION 76. Organizational St ructure and Staffing Pattern. – Every local
government unit shall design and im plement its own organizational
structure and staffing pattern taking into consideration its service
requirements and financial capability, s ubject to the minimum standards
and guidelines prescribed by the Civil Service Commission.
SECTION 77. Responsibility for Human Resources and Development. – The chief executive of every local gover nment unit shall be responsible for
human resources and development in hi s unit and shall take all personnel
actions in accordance with the Constitutional provisions on civil service,
pertinent laws, and rules and regulations thereon, including such policies,
guidelines and standards as the Civil Service Commission may establish:
Provided, That the local chief execut ive may employ emergency or casual
employees or laborers paid on a daily wage or piecework basis and hired
through job orders for local projec ts authorized by the Sanggunian
concerned, without need of approval or attestation by the Civil Service
Commission: Provided, further, That the period of employment of
emergency or casual laborers as provi ded in this Section shall not exceed
six (6) months.
The Joint Commission on Local Government Personnel Administration
organized pursuant to Presidentia l Decree Numbered Eleven Hundred
thirty-six (P.D. No. 1136) is hereby abolished and its personnel , records,
equipment and other assets transferred to the appropriate office in the
Civil Service Commission.
SECTION 78. Civil Service Law, Rul es and Regulations, and Other Related
Issuances. – All matters pertinent to human resources and development
in local government units shall be gov erned by the civil service law and
such rules and regulations and other issuances promulgated pursuant
thereto, unless otherwise specified in this Code.
SECTION 79. Limitation on Appointments . – No person shall be appointed in
the career service of the local government if he is related within the fourth
civil degree of consanguinity or affini ty to the appointing or recommending
SECTION 80. Public Notice of Vacancy; Personnel Selection Board . – (a)
Whenever a local chief executive decides to fill a vacant career position,
there shall be posted notices of t he vacancy in at least three (3)
conspicuous public places in the local government unit concerned for a
period of not less than fifteen (15) days.
(b) There shall be established in every province, city or municipality a
personnel selection board to assist the local chief executive in the
judicious and objective selection of personnel for employment as
well as for promotion, and in the formulation of such policies as
would contribute to employee welfare.
(c) The personnel selection board shall be headed by the local chief executive, and its members shall be determined by resolution of the
Sanggunian concerned. A represent ative of the Civil Service
Commission, if any, and the perso nnel officer of the local
government unit concerned shall be ex officio members of the
SECTION 81. Compensation of Lo cal Officials and Employees. – The
compensation of local officials and personnel shall be determined by the
Sanggunian concerned: Provided, That the increase in compensation of
elective local officials shall take effe ct only after the terms of office of
those approving such increase shall hav e expired: Provided, further, That
the increase in compensat ion of the appointive officials and employees
shall take effect as provided in t he ordinance authorizing such increase:
Provided, however, That said increases shall not exceed the limitations on
budgetary allocations for personal serv ices provided under Title Five,
Book II of this Code: Provided, finally, That such compensation may be
based upon the pertinent provisions of Republic Act Numbered Sixty-
seven fifty-eight (R.A. No. 6758), ot herwise known as the “Compensation
and Position Classification Act of 1989”.
The Punong Barangay, the Sangguni ang Barangay members, the
Sangguniang kabataan chairman, the Barangay treasurer, and the
Barangay secretary shall be entitled to such compensation, allowances,
emoluments, and such other privileges as provided under Title One, Book
III of this Code.
Elective local officials shall be entit led to the same leave privileges as
those enjoyed by appointive local offi cials, including the cumulation and
SECTION 82. Resignation of Elective Local Officials. – (a) Resignations by
elective local officials shall be deemed effective only upon acceptance by
the following authorities:
(1) The President, in the case of governors, vice- governors,
and mayors and vice-mayors of highly urbanized cities and
independent component cities;
(2) The governor, in the case of municipal mayors, municipal
vice-mayors, city mayors and ci ty vice-mayors of component
(3) The Sanggunian concerned, in the case of Sanggunian
(4) The city or municipal mayor, in the case of Barangay officials.
(b) Copies of the resignation letters of elective local officials, together
with the action taken by the aforesaid authoritie s, shall be furnished
the Department of Interior and Local Government.
(c) The resignation shall be deemed a ccepted if not acted upon by the
authority concerned withi n fifteen (15) working days from receipt
(d) Irrevocable resignations by Sangguniang members shall be deemed accepted upon presentation before an open session of the
Sanggunian concerned and duly entered in its records: Provided,
however, That this subsection does not apply to Sanggunian
members who are subject to reca ll elections or to cases where
existing laws prescribe the manner of acting upon such
SECTION 83. Grievance Procedure . – In every local government unit, the local
chief executive shall establish a procedure to inquire into, act upon,
resolve or settle complaints and grievances presented by local
SECTION 84. Administrative Discipline . – Investigation and adjudication of
administrative complaints against appointive local officials and employe
as well as their suspension and remova l shall be in accordance with the
civil service law and rules and other per tinent laws. The results of such
administrative investigations sha ll be reported to the Civil Service
SECTION 85. Preventive Suspension of Appointive Local Officials and
Employees . – (a) The local chief executiv es may preventively suspend for
a period not exceeding sixty (60) da ys any subordinate official or
employee under his authority pending inve stigation if the charge against
such official or employee involves dishonesty, oppression or grave
misconduct or neglect in the performance of duty, or if there is reason to
believe that the respondent is guilty of the charges which would warrant
his removal from the service.
(b) Upon expiration of the prevent ive suspension, the suspended
official or employee shall be autom atically reinstated in office
without prejudice to the conti nuation of the administrative
proceedings against him until its termination. If the delay in the
proceedings of the case is due to t he fault, neglect or request of the
respondent, the time of the delay shall not be counted in computing
the period of suspension herein provided.
SECTION 86. Administrative Investigation. – In any local government unit, administrative investigation may be conducted by a person or a committee
duly authorized by the local chief exec utive. Said person or committee
shall conduct hearings on the case s brought against appointive local
officials and employees and submit t heir findings and recommendations to
the local chief executive concerned within fifteen (15) days from the
conclusion of the hearings. The adm inistrative cases herein mentioned
shall be decided within ninety (90) da ys from the time the respondent is
formally notified of the charges.
SECTION 87. Disciplinary Jurisdiction . – Except as otherwise provided by law,
the local chief executive may impose t he penalty of removal from service,
demotion in rank, suspension for not more than one (1) year without pay,
fine in an amount not exceeding six (6 ) months’ salary, or reprimand and
otherwise discipline subordinate o fficials and employees under his
jurisdiction. If the penalty imposed is suspension without pay for not more
than thirty (30) days, his decision shall be final. If the penalty imposed is
heavier than suspension of thirty ( 30) days, the decision shall be
appealable to the Civil Service Commissi on, which shall decide the appeal
within thirty (30) days from receipt thereof.
SECTION 88. Execution Pending Appeal. – An appeal shall not prevent the execution of a decision of remo val or suspension of a respondent-
appellant. In case the respondent-appe llant is exonerated, he shall be
reinstated to his position with a ll the rights and privileges appurtenant
thereto from the time he had been deprived thereof.
SECTION 89. Prohibited Busi ness and Pecuniary Interest. – (a) It shall be
unlawful for any local government official or employee, directly or
(1) Engage in any business transaction with the local government unit in which he is an official or employee or
over which he has the power of supervision, or with any of its
authorized boards, officials, agent s, or attorneys, whereby
money is to be paid, or property or any other thing of value is
to be transferred, directly or indirectly, out of the resources of
the local government unit to such person or firm;
(2) Hold such interests in any cockpit or other games licensed by a local government unit.
(3) Purchase any real estate or other property forfeited in favor of such local government unit for unpaid taxes or
assessment, or by virtue of a legal process at the instance of
the said local government unit.
(4) Be a surety for any person contracting or doing business with the local government unit for which a surety is required;
(5) Possess or use any public pr operty of the local government
unit for private purposes.
(b) All other prohibitions governi ng the conduct of national public
officers relating to prohibited bus iness and pecuniary interest so
provided for under Republic Act Nu mbered Sixty-seven thirteen (R.
A. No. 6713) otherwise known as t he “Code of Conduct and Ethical
Standards for Public Officials and Employees” and other laws shall
also be applicable to local government officials and employees.
SECTION 90. Practice of Profession. – (a) All governors, city and municipal mayors are prohibited from practicing their profession or engaging in any
occupation other than the exercise of their functions as local chief
(b) Sanggunian members may practice their professions, engage in any occupation, or teach in sc hools except during session hours:
Provided, That Sanggunian members who are also members of the
Bar shall not:
(1) Appear as counsel before any court in any civil case wherein a local government unit or any office, agency, or
instrumentality of the governm ent is the adverse party;
(2) Appear as counsel in any criminal case wherein an officer or employee of the national or lo cal government is accused of
an offense committed in relation to his office.
(3) Collect any fee for their appearance in administrative
proceedings involving the local government unit of which he
is an official; and
(4) Use property and personnel of the government except when
the Sanggunian member concerned is defending the interest
of the government.
(c) Doctors of medicine may practi ce their profession even during
official hours of work only on o ccasions of emergency: Provided,
That the officials concerned do not derive monetary compensation
SECTION 91. Statement of Assets and Liabilities.- (a) Officials and
employees of local government units s hall file sworn statements of assets,
liabilities and networth, lists of relatives within the fourth civil degree of
consanguinity or affinity in governm ent service, financial and business
interests, and personnel data sheets as required by law.
SECTION 92. Oath of Office . – (a) All elective and appointive local officials and
employees shall, upon assumption to office, subscribe to an oath or
affirmation of office in the prescri bed form. The oath or affirmation of
office shall be filed with the office of the local chief executive concerned.
A copy of the oath or affirmation of office of all elective and appointive
local officials and employees shall be preserved in the individual personal
records file under the custody of the personnel office, division, or section
of the local government unit concerned.
SECTION 93. Partisan Political Activity. – No local official or employee in the
career civil service shall engage direct ly or indirectly in any partisan
political activity or take part in any election, initiative, referendum,
plebiscite, or recall, except to vote, nor shall he use his o fficial authority or
influence to cause the performance of any political activity by any person
or body. He may, however, expre ss his views on current issues, or
mention the names of certain candidates for public office whom he
supports. Elective local officials ma y take part in partisan political and
electoral activities, but it shall be unlaw ful for them to solicit contributions
from their subordinates or subject these subordinates to any of the
prohibited acts under the Omnibus Election Code.
SECTION 94. Appointment of Electi ve and Appointive Local Officials;
Candidates Who Lost in Election . – (a) No elective or appointive local
official shall be eligible for appointm ent or designation in any capacity to
any public office or position during his tenure.
Unless otherwise allowed by law or by the primary functions of his
position, no elective or appointive lo cal official shall hold any other
office or employment in the gov ernment or any subdivision, agency
or instrumentality thereof, including government-owned or –
controlled corporations or their subsidiaries.
(b) Except for losing candidates in Barangay elections, no candidate who lost in any election shall, within one (1) year after such
election, be appointed to any offi ce in the government or any
government-owned or -controlled cor porations or in any of their
SECTION 95. Additional or Double Compensation . – No elective or appointive
local official or employee shall re ceive additional, double, or indirect
compensation, unless specifically aut horized by law, nor accept without
the consent of Congress, any present, emoluments, office, or title of any
kind from any foreign government. Pens ions or gratuities shall not be
considered as additional, double, or indirect compensation.
SECTION 96. Permission to Leave Station. – (a) Provincial, city, municipal, and Barangay appointive officials going on official travel shall apply a
secure written permission from their respective local chief executives
before departure. The application sha ll specify the reasons for such
travel, and the permission shall be given or withheld based on
considerations of public interes t, financial capability of the local
government unit concerned and urgency of the travel.
Should the local chief executive concerned fail to act upon such
application within four (4) working days from receipt thereof, it shall be
(b) Mayors of component cities and municipalities shall secure the
permission of the governor concerned for any travel outside the
(c) Local government officials tr aveling abroad shall notify their
respective Sanggunian: Provided, T hat when the period of travel
extends to more than three (3 ) months, during periods of
emergency or crisis or when the travel involves the use of public
funds, permission from the Office of the President shall be secured.
(d) Field officers of national agencie s or offices assigned in provinces,
cities, and municipalities shall not l eave their official stations without
giving prior written notice to the local chief executive concerned.
Such notice shall state the durati on of travel and the name of the
officer whom he shall designate to act for and in his behalf during
SECTION 97. Annual Report. – On or before March 31 of each year, every local chief executive shall submit an annual report to the Sanggunian
concerned on the socioeconomic, political and peace and order
conditions, and other matters concerni ng the local government unit, which
shall cover the immediately preceding ca lendar year. A copy of the report
shall be forwarded to the Department of Interior and Local Government.
Component cities and municipalities shall likewise provide the
Sangguniang Panlalawigan copies of their respective annual reports.
TITLE FOUR. – LOCAL SCHOOL BOARDS
SECTION 98. Creation, Composition and Compensation. – (a) There shall be
established in every province, city, or municipality a provincial, city or
municipal school board, respectively.
(b) The composition of local school boards shall be as follows:
(1) The provincial school board shall be composed of the governor and the division super intendent of schools as co-
chairmen; the chairman of t he education committee of the
Sangguniang Panlalawigan, the provincial treasurer, the
representative of the peder asyon ng mga Sangguniang
kabataan in the Sangguniang Panlalawigan, the duly elected
president of the provincial federation of parents-teachers
association, the duly elected r epresentative of the teachers’
organization in the province, and the duly elected
representative of the non-ac ademic personnel of public
schools in the province, as members;
(2) The city school board shall be composed of the city mayor
and the city superintendent of schools as co-chairmen; the
chairman of the education co mmittee of the Sangguniang
Panlungsod, the city treasurer , the representative of the
pederasyon ng mga Sangguniang kabataan in the
Sangguniang Panlungsod, the duly el ected president of the
city federation of parents-t eachers associations, the duly
elected representative of the teachers’ organizations in the
city, and the duly elected representative of the non-academic
personnel of public schools in the city, as members; and
(3) The municipal school board shall be composed of the municipal mayor and the district supervisor of schools as
co-chairmen; the chairman of the education committee of the
Sangguniang bayan, the muni cipal treasurer, the
representative of the peder asyon ng mga Sangguniang
kabataan in the Sangguniang bay an, the duly elected
president of the municipal federation of parents-teachers
associations, the duly elected representative of the teachers’
organizations in the municipality, and the duly elected
representative of the non-ac ademic personnel of public
schools in the city, as members;
(c) In the event that a province or city has two (2) or more school
superintendents, and in the event that a municipality has two (2) or
more district supervisors, the co-chairman of the local school board
shall be determined as follows:
(1) The Department of Educati on, Culture and Sports shall
designate the co-chairman for the provincial and city
school boards; and
(2) The division superintendent of schools shall designate the
district supervisor who shall serve as co-chairman of the
municipal school board.
(d) The performance of the dut ies and responsibilities of the
abovementioned officials in their respective local school boards
shall not be delegated.
SECTION 99. Functions of Local School Boards. – The provincial, city or
municipal school board shall:
(a) Determine, in accordance with the criteria set by the Department of
Education, Culture and Spor ts, the annual supplementary
budgetary needs for the operation and maintenance of public
schools within the province, city or municipality, as the case may
be, and the supplementary local cost of meeting such needs, which
shall be reflected in the fo rm of an annual school board budget
corresponding to its share in the proceeds of the special levy on
real property constituting the Special Education fund and such
other sources of revenue as this Code and other laws or
ordinances may provide;
(b) Authorize the provincial, city or municipal treasurer, as the case
may be, to disburse funds from the Special Education fund
pursuant to the budget prepared and in accordance with existing
rules and regulations;
(c) Serve as an advisory committee to the Sanggunian concerned on educational matters such as, but not limited to, the necessity for
and the uses of local appropriations for educational purposes; and
(d) Recommend changes in the names of public schools within the
territorial jurisdiction of the local government unit for enactment by
the Sanggunian concerned.
The Department of Educ ation, Culture and Sports shall consult the
local school board on the appointment of division superintendents,
district supervisors, school principals, and other school officials.
SECTION 100. Meetings and Quorum; Budget. – (a) The local school board
shall meet at least once a month or as often as may be necessary.
(b) Any of the co-chairmen may call a meeting. A majority of all its
members shall constitute a quor um. However, when both co-
chairmen are present in a meeting, the local chief executive
concerned, as a matter of protocol, shall be given preference to
preside over the meeting. The division superintendent, city
superintendent or district superviso r, as the case may be, shall
prepare the budget of the school board concerned. Such budget
shall be supported by pr ograms, projects, and activities of the
school board for the ensuing fiscal year . The affirmative vote of the
majority of all its members shall be necessary to approve the
(c) The annual school board budget shall give priority to the following:
(1) Construction, repair, and ma intenance of school buildings
and other facilities of public elementary and secondary
(2) Establishment and maintenance of extension classes where
(3) Sports activities at the di vision, district, municipal, and
SECTION 101. Compensation and Remuneration . – The co-chairmen and
members of the provincial, city or municipal school board shall perform
their duties as such without compensation or remuneration. Members
thereof who are not government officials or employees s hall be entitled to
necessary traveling expenses and allowances chargeable against funds of
the local school board concerned, subj ect to existing accounting and
auditing rules and regulations.
TITLE FIVE. – LOCAL HEALTH BOARDS
SECTION 102. Creation and Composition . – (a) There shall be established a
local health board in every province, city or municipality. The composition
of the local health boards shall be as follows:
(1) The provincial health boar d shall be headed by the governor
as chairman, the provincial heal th officer as vice-chairman,
and the chairman of the co mmittee on health of the
Sangguniang Panlalawigan, a r epresentative from the
private sector or non-governmental organizations involved in
health services, and a representa tive of the Department of
Health in the province, as members;
(2) The city health board shall be headed by the city mayor as chairman, the city health offi cer as vice-chairman, and the
chairman of the committee on health of the Sangguniang
Panlungsod, a representative from the private sector or non-
governmental organizations invo lved in health services, and
a representative of the Departmen t of Health in the city, as
(3) The municipal health board shall be headed by the municipal mayor as chairman, the municipal health officer as vice-
chairman, and the chairman of the committee on health of
the Sangguniang bayan, a represent ative from the private
sector or non-governmental organizations involved in health
services, and a representative of the Department of Health in
the municipality, as members;
(b) The functions of the local health board shall be:
(1) To propose to the Sanggunian concerned, in accordance with standards and criter ia set by the Department of Health,
annual budgetary allocations for the operation and
maintenance of health facilities and services within the
municipality, city or province, as the case may be.
(2) To serve as an advisory committee to the Sanggunian concerned on health matters such as, but not limited to, the
necessity for, and application of, local appropriations for
public health purposes; and
(3) Consistent with the technical and administrat ive standards of
the Department of Health, cr eate committees which shall
advise local health agencies on matters such as, but not
limited to, personnel selection and promotion, bids and
awards, grievances and complaints, personnel discipline,
budget review, operations review and similar functions.
SECTION 103. Meetings and Quorum . – (a) The board shall meet at least once
a month or as often as may be necessary.
(b) A majority of the members of the board shall constitute a quorum,
but the chairman or the vice-c hairman must be present during
meetings where budgetary pr oposals are being prepared or
considered. The affirmative vote of all the majority of the members
shall be necessary to approve such proposals.
SECTION 104. Compensation and Remuneration . – The chairman, vice-
chairman, and members of the provinci al, city or municipal health board
shall perform their duties as such wit hout compensation or remuneration.
Members thereof who are not government officials or employees shall be
entitled to necessary traveling expenses and allowances chargeable
against the funds of the local health board concerned, subject to existing
accounting and auditing rules and regulations.
SECTION 105. Direct National Supervisi on and Control by the Secretary of
Health . – In cases of epidemics, pestil ence, and other widespread public
health dangers, the Secretary of Heal th may, upon the direction of the
President and in consultation with t he local government unit concerned,
temporarily assume direct supervision and control over health operations
in any local government unit for the dur ation of the emergency, but in no
case exceeding a cumulative period of six (6) months. With the
concurrence of the local government unit concerned, the period for such
direct national control and supervi sion may be further extended.
TITLE SIX. – LOCAL DEVELOPMENT COUNCILS
SECTION 106. Local Development Councils. – (a) Each local government unit
shall have a comprehensive multi-se ctoral development plan to be
initiated by its development counc il and approved by its Sanggunian. For
this purpose, the development council at the provincial city, municipal, or
Barangay level, shall assist the corresponding Sanggunian in setting the
direction of economic and social development, and coordinating
development efforts within its territorial jurisdiction.
SECTION 107. Composition of Local Development Councils . – The
composition of the local development council shall be as follows:
(a) The Barangay development council shall be headed by the Punong
Barangay and shall be composed of the following members:
(1) Members of the Sangguniang Barangay;
(2) Representatives of non- governmental organizations
operating in the Barangay, who s hall constitute not less than
one fourth (1/4) of the mem bers of the fully organized
(3) A representative of the congressman.
(b) The city or municipal development council shall be headed by the mayor and shall be composed of the following members:
(1) All Punong Barangays in the city or municipality;
(2) The chairman of the commi ttee on appropriations of the
Sangguniang Panlungsod or Sangguniang bayan
(3) The congressman or his representative; and
(4) Representatives of nongovernmental organizations
operating in the city or municipa lity, as the case may be, who
shall constitute not less than one- fourth (1/4) of the members
of the fully organized council.
(c) The provincial development council shall be headed by the
governor and shall be composed of the following members:
(1) All mayors of component cities and municipalities;
(2) The chairman of the commi ttee on appropriations of the
(3) The congressman or his representative; and
(4) Representatives of nongovernmental organizations
operating in the province, who s hall constitute not less than
one-fourth (1/4) of the members of the fully organized
(d) The local development councils may call upon any local official concerned or any official of national agencies or offices in the local
government unit to assist in the formulation of their respective
development plans and public investment programs.
SECTION 108. Representation of Non-Governmental Organizations . – Within
a period of sixty (60) days from the start of organization of local
development councils, the nongovernment al organizations shall choose
from among themselves t heir representatives to said councils. The local
Sanggunian concerned shall accredit nongovernmental organizations
subject to such criteria as may be provided by law.
SECTION 109. Functions of Local Development Councils . – (a) The
provincial, city, and municipal devel opment councils shall exercise the
(1) Formulate long-term, medium-term, and annual socioeconomic development plans and policies;
(2) Formulate the medium-term and annual public investment programs;
(3) Appraise and prioritize socioeconomic development programs and projects;
(4) Formulate local investment inc entives to promote the inflow
and direction of private investment capital;
(5) Coordinate, monitor, and ev aluate the implementation of
development programs and projects; and
(6) Perform such other functions as may be provided by law or
(b) The Barangay development counc il shall exercise the following
(1) Mobilize people’s participation in local development efforts;
(2) Prepare Barangay developm ent plans based on local
(3) Monitor and evaluate the implem entation of national or local
programs and projects; and
(4) Perform such other functions as may be provided by law or competent authority.
SECTION 110. Meetings and Quorum. – The local development council shall
meet at least once every six (6) months or as often as may be necessar
SECTION 111. Executive Committee . – (a) Each local development council
shall create an executive committee to represent it and act in its behalf
when it is not in session. The compos ition of the executive committee shall
be as follows:
(1) The executive committee of the provincial development council shall be composed of t he governor as chairman, the
representative of component city and municipal mayors to be
chosen from among themselv es, the chairman of the
committee on appropriations of the Sangguniang
Panlalawigan, the president of the provincial league of
Barangays, and a representat ive of nongovernmental
organizations that are repr esented in the council, as
(2) The executive committee of the city or municipal
development council shall be co mposed of the mayor as
chairman, the chairman of t he committee on appropriations
of the Sangguniang Panlalawigan, t he president of the city or
municipal league of Barangays, and a representative of
nongovernmental organizations th at are represented in the
council, as members; and
(3) The executive committee of the Barangay development council shall be composed of the Punong Barangay as
chairman, a representative of the Sangguniang Barangay to
be chosen from among its member s, and a representative of
nongovernmental organizations th at are represented in the
council, as members.
(b) The executive committee shall exercise the following powers and
(1) Ensure that the decision of the council are faithfully carried
out and implemented;
(2) Act on matters requiring immediat e attention or action by the
(3) Formulate policies, plans, and programs based on the general principles laid down by the council; and
(4) Act on other matters that may be authorized by the council.
SECTION 112. Sectoral or Functional Committees. – The local development
councils may form sectoral or functional committees to assist them in the
performance of their functions.
SECTION 113. Secretariat . – There is hereby constituted for each local
development council a secretariat which shall be responsible for providing
technical support, documentation of pr oceedings, preparation of reports
and such other assistance as may be required in the discharge of its
functions. The local development council may avail of the services of any
nongovernmental organization or educational or research institution for
The secretariats of the provincial, city, and municipal development
councils shall be headed by their re spective planning and development
coordinators. The secretariat of the Barangay development council shall
be headed by the Barangay secr etary who shall be assisted by the city or
municipal planning and development coordinator concerned.
SECTION 114. Relation of Local D evelopment Councils to the Sanggunian
and the Regional Development Council . – (a) Thepolicies, programs,
and projects proposed by localdevelopm ent councils shall be submitted to
the Sanggunian concerned for appropriate action. The local development
plans approved by their respective Sanggunian may be integrated with the
development plans of the next higher le vel of local development council.
(b) The approved development plans of provinces, highly-urbanized
cities, and independent component cities shall be submitted to the
regional development council, which shall be integrated into the
regional development plan for submi ssion to the National Economic
and Development Authority, in accordance with existing laws.
SECTION 115. Budget Information . – The Department of Budget and
Management shall furnish the vari ous local development councils
information on financial resources and budgetary allocations applicable to
their respective jurisdictions to gui de them in their planning functions.
TITLE SEVEN. -LOCAL PEACE AND ORDER COUNCIL
SECTION 116. Organization . – There is hereby established in every province,
city and municipality a local peac e and order council, pursuant to
Executive Order Numbered Three hundr ed nine (E.O. No. 309), Series of
1988. The local peace and order c ouncils shall have the same
composition and functions as those prescribed by the said executive
TITLE EIGHT. – AUTONOMOUS SPECIAL ECONOMIC ZONE
SECTION 117. Establishment of Autonomous Special Economic Zones . –
The establishment by law of autonomous special economic zones in
selected areas of the country shall be subject to concurrence by the local
government units included therein.
TITLE NINE. – OTHER PROVISIONS APPLICABLE TO LOCAL GOVERNMENT UNITS
CHAPTER 1. – Settlement of Boundary Disputes
SECTION 118. Jurisdictional Respons ibility for Settlement of Boundary
Dispute . – Boundary disputes between and among local government units
shall, as much as possible, be settled amicably. To this end:
(a) Boundary disputes involving tw o (2) or more Barangays in the
same city or municipality shall be referred for settlement to the
Sangguniang Panlungsod or Sangguniang bayan concerned.
(b) Boundary disputes involving two (2) or more municipalities within the same province shall be re ferred for settlement to the
Sangguniang Panlalawigan concerned.
(c) Boundary disputes involving munici palities or component cities of
different provinces shall be jointl y referred for settlement to the
Sanggunians of the provinces concerned.
(d) Boundary disputes involving a co mponent city or municipality on
the one hand and a highly urbanized city on the other, or two (2) or
more highly urbanized cities, shall be jointly referred for settlement
to the respective Sanggunians of the parties.
(e) In the event the Sanggunian fails to effect an amicable settlement
within sixty (60) days from the date the dispute was referred
thereto, it shall issue a certificat ion to that effect. Thereafter, the
dispute shall be formally tried by the Sanggunian concerned which
shall decide the issue within sixty (60) days from the date of the
certification referred to above.
SECTION 119. Appeal . – Within the time and manner prescribed by the Rules of
Court, any party may elevate the dec ision of the Sanggunian concerned to
the proper Regional Trial Court having ju risdiction over the area in dispute.
The Regional Trial Court shall deci de the appeal within one (1) year from
the filing thereof. Pending final resolution of the disputed ar ea prior to the
dispute shall be maintained and continued for all legal purposes.
CHAPTER 2. – LOCAL INITIATIVE AND REFERENDUM
SECTION 120. Local Initiative Defined . – Local initiative is the legal process
whereby the registered voters of a local government unit may directly
propose, enact, or amend any ordinance.
SECTION 121. Who May Exercise . – The power of local initiative and
referendum may be exercised by all r egistered voters of the provinces,
cities, municipalities, and Barangays.
SECTION 122. Procedure in Local Initiative . – (a) Not less than one thousand
(1,000) registered voters in case of provinces and cities, one hundred
(100) in case of municipalities, and fifty (50) in case of Barangays, may file
a petition with the Sanggunian conc erned proposing the adoption,
enactment, repeal, or amendment of an ordinance.
(b) If no favorable action thereon is taken by the Sanggunian concerned within thirty (30) da ys from its presentation, the
proponents, through their duly authorized and registered
representatives, may invoke their pow er of initiative, giving notice
thereof to the Sanggunian concerned.
(c) The proposition shall be numbered serially starting from Roman
numeral I. The Comelec or its designated representative shall
extend assistance in the formulation of the proposition.
(d) Two (2) or more propositions may be submitted in an initiative.
(e) Proponents shall have ninety (90) days in case of provinces and
cities, sixty (60) days in case of municipalities, and thirty (30) days
in case of Barangays, from not ice mentioned in subsection (b)
hereof to collect the requi red number of signatures.
(f) The petition shall be signed before the election registrar, or his
designated representatives , in the presence of a representative of
the proponent, and a representative of the Sanggunian concerned
in a public place in the local gov ernment unit, as the case may be.
Stations for collecting signatures may be established in as many
places as may be warranted.
(g) Upon the lapse of the period herei n provided, the Comelec, through
its office in the local government unit concerned, shall certify as to
whether or not the required number of signatures has been
obtained. Failure to obtain t he required number defeats the
(h) If the required number of signatures is obtained, the Comelec shall
then set a date for the initiative during which the proposition shall
be submitted to the registered vote rs in the local government unit
concerned for their approval within si xty (60) days from the date of
certification by the Comelec, as provided in subsection (g) hereof,
in case of provinces and cities, forty-five (45) days in case of
municipalities, and thirty (30) da ys in case of Barangays. The
initiative shall then be held on the date set, after which the results
thereof shall be certified and pr oclaimed by the Comelec.
SECTION 123. Effectivit y of Local Propositions . – If the proposition is
approved by a majority of the votes cas t, it shall take effect fifteen (15)
days after certification by the Comelec as if affirmative action thereon had
been made by the Sanggunian and local ch ief executive concerned. If it
fails to obtain said number of vote s, the proposition is considered
SECTION 124. Limitations on Local Initiatives . – (a) The power of local
initiative shall not be exe