local govt powers

8/9/2019 Local Govt Powers

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CHAPTER 2. - GENERAL POWERS AND ATTRIBUTES OF LOCAL

GOVERNMENT UNITS

CHAPTER 2. - GENERAL POWERS AND ATTRIBUTES OF LOCAL GOVERNMENT UNITS

Sec. 6. Authority to Create Local Government Units.- A local governmentunit may be created, divided, merged, abolished, or its boundaries substantiallyaltered either by law enacted by Congress in the case of a province, city,municipality, or any other political subdivision, or by ordinance passed by theSangguniang Panlalawigan or Sangguniang Panlungsod concerned in the case of aBarangay located within its territorial jurisdiction, subject to such limitations andrequirements prescribed in this CodeSec. 7.Creation and Conversion.- As a general rule, the creation of a localgovernment unit or its conversion from one level to another level shall be basedon veri!able indicators of viability and projected capacity to provide services, towit"

a Income.- #t must be su$cient, based on acceptable standards, to providefor all essential government facilities and services and special functionscommensurate with the si%e of its population, as e&pected of the localgovernment unit concerned'

b Population. - #t shall be determined as the total number of inhabitantswithin the territorial jurisdiction of the local government unit concerned' and

c Land Area.- #t must be contiguous, unless it comprises two or more islandsor is separated by a local government unit independent of the others'properly identi!ed by metes and bounds with technical descriptions' and

su$cient to provide for such basic services and facilities to meet therequirements of its populace Compliance with the foregoing indicators shallbe attested to by the (epartment of )inance *(+), the ational Statistics+$ce *S+, and the .ands /anagement Bureau *./B of the (epartmentof 0nvironment and atural 1esources*(01

Sec. 8. Division and er!er.- (ivision and merger of e&isting local governmentunits shall comply with the same requirements herein prescribed for theircreation" Provided however, 2hat such division shall not reduce the income,population, or land area of the local government unit or units concerned to lessthan the minimum requirements prescribed in this Code" Provided, further, 2hatthe income classi!cation of the original local government unit or units shall not

fall below its current income classi!cation prior to such division2he income classi!cation of local government units shall be updated within si& *3months from the e4ectivity of this Code to re5ect the changes in their !nancialposition resulting from the increased revenues as provided herein

Sec. ".A#olition o$ Local Government Units.- A local government unit maybe abolished when its income, population, or land area has been irreversiblyreduced to less than the minimum standards prescribed for its creation underBoo6 ### of this Code, as certi!ed by the national agencies mentioned in Section 78hereof to Congress or to the Sanggunian concerned, as the case may be


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2he law or ordinance abolishing a local government unit shall specify theprovince, city, municipality, or Barangay with which the local government unitsought to be abolished will be incorporated or merged

Sec. '(.Ple#iscite )e*uirement.- o creation, division, merger, abolition, orsubstantial alteration of boundaries of local government units shall ta6e e4ectunless approved by a majority of the votes cast in a plebiscite called for the

purpose in the political unit or units directly a4ected Said plebiscite shall beconducted by the Commission on 0lections *Comelec within one hundred twenty*79: days from the date of e4ectivity of the law or ordinance e4ecting suchaction, unless said law or ordinance !&es another dateSec. ''.Selection and +rans$er o$ Local Government Site, -ces and/acilities.

a 2he law or ordinance creating or merging local government units shallspecify the seat of government from where governmental and corporateservices shall be delivered #n selecting said site, factors relating togeographical centrality, accessibility, availability of transportation andcommunication facilities, drainage and sanitation, development and

economic progress, and other relevant considerations shall be ta6en intoaccount

b ;hen conditions and developments in the local government unit concernedhave signi!cantly changed subsequent to the establishment of the seat ofgovernment, its Sanggunian may, after public hearing and by a vote of two-thirds *9


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Sec. '1.&amin! o$ Local Government Units and Pu#lic Places, Streetsand Structures.-

a 2he Sangguniang Panlalawigan may, in consultation with the Philippine>istorical Commission *P>C, change the name of the following within itsterritorial jurisdiction"

a Component cities and municipalities, upon the recommendation of the

Sanggunian concerned'

b Provincial roads, avenues, boulevards, thorough-fares, and bridges'

c Public vocational or technical schools and other post-secondary andtertiary schools'

d Provincial hospitals, health centers, and other health facilities' and

e Any other public place or building owned by the provincialgovernment

b 2he Sanggunian of highly urbani%ed cities and of component cities whosecharters prohibit their voters from voting for provincial elective o$cials,hereinafter referred to in this Code as independent component cities, may,in consultation with the Philippine >istorical Commission, change the nameof the following within its territorial jurisdiction"

a City Barangays, upon the recommendation of the SangguniangBarangay concerned'

b City roads, avenues, boulevards, thorough fares, and bridges'

c Public elementary, secondary and vocational or technical schools,community colleges and non-chartered colleges'

d City hospitals, health centers and other health facilities' and

e Any other public place or building owned by the city government

c 2he Sanggunians of component cities and municipalities may, inconsultation with the Philippine >istorical Commission, change the name ofthe following within its territorial jurisdiction"

a city and municipal Barangays, upon recommendation of theSangguniang Barangay concerned'


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b city, municipal and Barangay roads, avenues, boulevards, thoroughfares, and bridges'

c city and municipal public elementary, secondary and vocational ortechnical schools, post-secondary and other tertiary schools'

d city and municipal hospitals, health centers and other health facilities'and *?Any other public place or building owned by the municipalgovernment

d one of the foregoing local government units, institutions, places, orbuildings shall be named after a living person, nor may a change of namebe made unless for a justi!able reason and, in any case, not oftener thanonce every ten *7: years 2he name of a local government unit or a publicplace, street or structure with historical, cultural, or ethnic signi!cance shallnot be changed, unless by a unanimous vote of the Sanggunian concernedand in consultation with the P>C

e A change of name of a public school shall be made only upon therecommendation of the local school board concerned

f A change of name of public hospitals, health centers, and other healthfacilities shall be made only upon the recommendation of the local healthboard concerned

g 2he change of name of any local government unit shall be e4ective onlyupon rati!cation in a plebiscite conducted for the purpose in the politicalunit directly a4ected #n any change of name, the +$ce of the President, therepresentative of the legislative district concerned, and the Bureau of Postsshall be noti!ed

Sec. '2.3e!innin! o$ Corporate 45istence.- ;hen a new local governmentunit is created, its corporate e&istence shall commence upon the election andquali!cation of its chief e&ecutive and a majority of the members of itsSanggunian, unless some other time is !&ed therefor by the law or ordinancecreating it

Sec. '.Political and Corporate &ature o$ Local Government Units.-0very local government unit created or recogni%ed under this Code is a bodypolitic and corporate endowed with powers to be e&ercised by it in conformity withlaw As such, it shall e&ercise powers as a political subdivision of the nationalgovernment and as a corporate entity representing the inhabitants of its territorySec. '6.General el$are.- 0very local government unit shall e&ercise thepowers e&pressly granted, those necessarily implied there from, as well as powersnecessary, appropriate, or incidental for its e$cient and e4ective governance,and those which are essential to the promotion of the general welfare ;ithin their


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respective territorial jurisdictions, local government units shall ensure andsupport, among other things, the preservation and enrichment of culture, promotehealth and safety, enhance the right of the people to a balanced ecology,encourage and support the development of appropriate and self-reliant scienti!cand technological capabilities, improve public morals, enhance economicprosperity and social justice, promote full employment among their residents,

maintain peace and order, and preserve the comfort and convenience of theirinhabitantsSec. '7.3asic Services and /acilities.-

a .ocal government units shall endeavor to be self-reliant and shall continuee&ercising the powers and discharging the duties and functions currentlyvested upon them 2hey shall also discharge the functions andresponsibilities of national agencies and o$ces devolved to them pursuantto this Code .ocal government units shall li6ewise e&ercise such otherpowers and discharge such other functions and responsibilities as arenecessary, appropriate, or incidental to e$cient and e4ective provision ofthe basic services and facilities enumerated herein

b Such basic services and facilities include, but are not limited to, thefollowing"

a )or a Barangay"

i Agricultural support services which include planting materialsdistribution system and operation of farm produce collection andbuying stations'

ii >ealth and social welfare services which include maintenance of

Barangay health center and day-care center'

iii Services and facilities related to general hygiene and sanitation,beauti!cation, and solid waste collection'

iv /aintenance of @atarungang Pambarangay'

v /aintenance of Barangay roads and bridges and water supplysystems

vi #nfrastructure facilities such as multi- purpose hall, multipurposepavement, pla%a, sports center, and other similar facilities'

vii#nformation and reading center' and

viiiSatellite or public mar6et, where viable'


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b )or a municipality"

i 0&tension and on-site research services and facilities related toagriculture and !shery activities which include dispersal oflivestoc6 and poultry, !ngerlings, and other seeding materials foraquaculture' palay, corn, and vegetable seed farms' medicinal

plant gardens' fruit tree, coconut, and other 6inds of seedlingnurseries' demonstration farms' quality control of copra andimprovement and development of local distribution channels,preferably through cooperatives' inter -Barangay irrigation system'water and soil resource utili%ation and conservation projects' andenforcement of !shery laws in municipal waters including theconservation of mangroves'

ii Pursuant to national policies and subject to supervision, control andreview of the (01, implementation of community-based forestry

projects which include integrated social forestry programs andsimilar projects' management and control of communal forests withan area not e&ceeding !fty *?: square 6ilometers' establishmentof tree par6s, greenbelts, and similar forest development projects'

iii Subject to the provisions of 2itle )ive, Boo6 # of this Code, healthservices which include the implementation of programs andprojects on primary health care, maternal and child care, andcommunicable and non-communicable disease control services'access to secondary and tertiary health services' purchase ofmedicines, medical supplies, and equipment needed to carry outthe services herein enumerated'

iv Social welfare services which include programs and projects onchild and youth welfare, family and community welfare, womenswelfare, welfare of the elderly and disabled persons' community-based rehabilitation programs for vagrants, beggars, streetchildren, scavengers, juvenile delinquents, and victims of drugabuse' livelihood and other pro-poor projects' nutrition services'and family planning services'

v #nformation services which include investments and job placementinformation systems, ta& and mar6eting information systems, andmaintenance of a public library'

vi Solid waste disposal system or environmental management systemand services or facilities related to general hygiene and sanitation'


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vii/unicipal buildings, cultural centers, public par6s includingfreedom par6s, playgrounds, and sports facilities and equipment,and other similar facilities'

viii#nfrastructure facilities intended primarily to service the needs ofthe residents of the municipality and which are funded out of

municipal funds including, but not limited to, municipal roads andbridges' school buildings and other facilities for public elementaryand secondary schools' clinics, health centers and other healthfacilities necessary to carry out health services' communalirrigation, small water impounding projects and other similarprojects' !sh ports' artesian wells, spring development, rainwatercollectors and water supply systems' seawalls, di6es, drainage andsewerage, and 5ood control' tra$c signals and road signs' andsimilar facilities'

i& Public mar6ets, slaughterhouses and other municipal enterprises'

& Public cemetery'

&i 2ourism facilities and other tourist attractions, including theacquisition of equipment, regulation and supervision of businessconcessions, and security services for such facilities' and

&iiSites for police and !re stations and substations and the municipaljail'

c )or a Province"

i Agricultural e&tension and on-site research services and facilitieswhich include the prevention and control of plant and animal pestsand diseases' dairy farms, livestoc6 mar6ets, animal breedingstations, and arti!cial insemination centers' and assistance in theorgani%ation of farmers and !shermens cooperatives and othercollective organi%ations, as well as the transfer of appropriatetechnology'

ii #ndustrial research and development services, as well as thetransfer of appropriate technology'

iii Pursuant to national policies and subject to supervision, control andreview of the (01, enforcement of forestry laws limited tocommunity-based forestry projects, pollution control law, small-scale mining law, and other laws on the protection of the


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environment' and mini-hydro electric projects for local purposes'

iv Subject to the provisions of 2itle )ive, Boo6 # of this Code, healthservices which include hospitals and other tertiary health services'

v Social welfare services which include pro grams and projects onrebel returnees and evacuees' relief operations' and, populationdevelopment services'

vi Provincial buildings, provincial jails, freedom par6s and other publicassembly areas, and other similar facilities'

vii#nfrastructure facilities intended to service the needs of theresidents of the province and which are funded out of provincialfunds including, but not limited to, provincial roads and bridges'

inter-municipal waterwor6s, drainage and sewerage, 5ood control,and irrigation systems' reclamation projects' and similar facilities'

viiiPrograms and projects for low-cost housing and other massdwellings, e&cept those funded by the Social Security System*SSS, overnment Service #nsurance System *S#S, and the >ome(evelopment /utual )und *>(/)" Provided, 2hat national fundsfor these programs and projects shall be equitably allocated amongthe regions in proportion to the ratio of the homeless to thepopulation'

i& #nvestment support services, including access to credit !nancing'

& pgrading and moderni%ation of ta& information and collectionservices through the use of computer hardware and software andother means'

&i #nter-municipal telecommunications services, subject to nationalpolicy guidelines' and

&ii2ourism development and promotion programs'

d )or a City"

All the services and facilities of the municipality and province, and inaddition thereto, the following"

i Adequate communication and transportation facilities'


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ii Support for education, police and !re services and facilities

c otwithstanding the provisions of subsection *b hereof, public wor6s andinfrastructure projects and other facilities funded by the nationalgovernment under the annual eneral Appropriations Act, other speciallaws, pertinent e&ecutive orders, and those wholly or partially funded from

foreign sources, are not covered under this Section, e&cept in those caseswhere the local government unit concerned is duly designated as theimplementing agency for such projects, facilities, programs, and services

d 2he designs, plans, speci!cations, testing of materials, and the procurementof equipment and materials from both foreign and local sources necessaryfor the provision of the foregoing services and facilities shall be underta6enby the local government unit concerned, based on national policies,standards and guidelines

e ational agencies or o$ces concerned shall devolve to local governmentunits the responsibility for the provision of basic services and facilitiesenumerated in this Section within si& *3 months after the e4ectivity of thisCode

As used in this Code, the term DdevolutionD refers to the act by which thenational government confers power and authority upon the various localgovernment units to perform speci!c functions and responsibilities

f 2he national government or the ne&t higher level of local government unitmay provide or augment the basic services and facilities assigned to a lower

level of local government unit when such services or facilities are not madeavailable or, if made available, are inadequate to meet the requirements ofits inhabitants

g 2he basic services and facilities hereinabove enumerated shall be fundedfrom the share of local government units in the proceeds of national ta&esand other local revenues and funding support from the nationalgovernment, its instrumentalities and government-owned or -controlledcorporations which are tas6ed by law to establish and maintain suchservices or facilities Any fund or resource available for the use of localgovernment units shall be !rst allocated for the provision of basic servicesor facilities enumerated in subsection *b hereof before applying the samefor other purposes, unless otherwise provided in this Code

h 2he 1egional o$ces of national agencies or o$ces whose functions aredevolved to local government units as provided herein shall be phased outwithin one *7 year from the approval of this Code Said national agenciesand o$ces may establish such !eld units as may be necessary formonitoring purposes and providing technical assistance to local government


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units 2he properties, equipment, and other assets of these regional o$cesshall be distributed to the local government units in the region inaccordance with the rules and regulations issued by the oversightcommittee created under this Code

i 2he devolution contemplated in this Code shall include the transfer to local

government units of the records, equipment and other assets and personnelof national agencies and o$ces, corresponding to the devolved powers,functions, and responsibilities

Personnel of said national agencies or o$ces shall be absorbed by the localgovernment units to which they belong or in whose areas they are assignedto the e&tent that it is administratively viable as determined by the saidoversight committee" Provided, 2hat the rights accorded to such personnelpursuant to civil service law, rules and regulations shall not be impaired"Provided, )urther, 2hat regional directors who are career e&ecutive service

o$cers and other o$cers of similar ran6 in the said regional o$ces whocannot be absorbed by the local government unit shall be retained by thenational government, without any diminution of ran6, salary or tenure

j 2o ensure the active participation of the private sector in local governance,local government units may, by ordinance, sell, lease, encumber, orotherwise dispose of public economic enterprises owned by them in theirproprietary capacity

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

ESec. '8.Po%er to Generate and Apply )esources.- .ocal government unitsshall have the power and authority to establish an organi%ation that shall beresponsible for the e$cient and e4ective implementation of their developmentplans, program objectives and priorities' to create their own sources of revenueand to levy ta&es, fees, and charges which shall accrue e&clusively for their useand disposition and which shall be retained by them' to have a just share innational ta&es which shall be automatically and directly released to them withoutneed of any further action' to have an equitable share in the proceeds from theutili%ation and development of the national wealth and resources within their

respective territorial jurisdictions including sharing the same with the inhabitantsby way of direct bene!ts' to acquire, develop, lease, encumber, alienate, orotherwise dispose of real or personal property held by them in their proprietarycapacity and to apply their resources and assets for productive, developmental, orwelfare purposes, in the e&ercise or furtherance of their governmental orproprietary powers and functions and thereby ensure their development into self-reliant communities and active participants in the attainment of national goalsSec. '".4minent Domain.- A local government unit may, through its chiefe&ecutive and acting pursuant to an ordinance, e&ercise the power of eminent


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domain for public use, or purpose, or welfare for the bene!t of the poor and thelandless, upon payment of just compensation, pursuant to the provisions of theConstitution and pertinent laws" Provided, however, 2hat the power of eminentdomain may not be e&ercised unless a valid and de!nite o4er has been previouslymade to the owner, and such o4er was not accepted" Provided, further, 2hat thelocal government unit may immediately ta6e possession of the property upon the

!ling of the e&propriation proceedings and upon ma6ing a deposit with the propercourt of at least !fteen percent *7?F of the fair mar6et value of the propertybased on the current ta& declaration of the property to be e&propriated" Provided,!nally, 2hat, the amount to be paid for the e&propriated property shall bedetermined by the proper court, based on the fair mar6et value at the time of theta6ing of the propertySec. 0(.)eclassication o$ Lands.-

a A city or municipality may, through an ordinance passed by the Sanggunianafter conducting public hearings for the purpose, authori%e thereclassi!cation of agricultural lands and provide for the manner of theirutili%ation or disposition in the following cases" *7 when the land ceases to

be economically feasible and sound for agricultural purposes as determinedby the (epartment of Agriculture or *9 where the land shall havesubstantially greater economic value for residential, commercial, orindustrial purposes, as determined by the Sanggunian concerned " Provided,2hat such reclassi!cation shall be limited to the following percentage of thetotal agricultural land area at the time of the passage of the ordinance"

a )or highly urbani%ed and independent component cities, !fteenpercent *7?F'

b )or component cities and !rst to third class municipalities, ten percent

*7:F' and

c )or fourth to si&th class municipalities, !ve percent*?F" Provided,further, 2hat agricultural lands distributed to agrarian reformbene!ciaries pursuant to 1epublic Act umbered Si&ty-si& hundred!fty-seven *1A o 33?8, otherwise 6nown as D2he ComprehensiveAgrarian 1eform .awD, shall not be a4ected by the said reclassi!cationand the conversion of such lands into other purposes shall begoverned by Section 3? of said Act

b 2he President may, when public interest so requires and upon

recommendation of the ational 0conomic and (evelopment Authority,authori%e a city or municipality to reclassify lands in e&cess of the limits setin the ne&t preceding paragraph

c 2he local government units shall, in conformity with e&isting laws, continueto prepare their respective comprehensive land use plans enacted through%oning ordinances which shall be the primary and dominant bases for thefuture use of land resources" Provided, 2hat the requirements for food


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production, human settlements, and industrial e&pansion shall be ta6en intoconsideration in the preparation of such plans

d ;here approval by a national agency is required for reclassi!cation, suchapproval shall not be unreasonably withheld )ailure to act on a proper andcomplete application for reclassi!cation within three *= months from receipt

of the same shall be deemed as approval thereof

e othing in this Section shall be construed as repealing, amending, ormodifying in any manner the provisions of 1A o 33?8

Sec. 0'.Closure and -penin! o$ )oads.-a A local government unit may, pursuant to an ordinance, permanently or

temporarily close or open any local road, alley, par6, or square falling withinits jurisdiction" Provided, however, 2hat in case of permanent closure, suchordinance must be approved by at least two-thirds *9


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powers"

a 2o have continuous succession in its corporate name'

b 2o sue and be sued'

c 2o have and use a corporate seal'

d 2o acquire and convey real or personal property'

e 2o enter into contracts' and

f 2o e&ercise such other powers as are granted to corporations, subjectto the limitations provided in this Code and other laws

b .ocal government units may continue using, modify, or change their e&istingcorporate seals" Provided, 2hat newly established local government units orthose without corporate seals may create their own corporate seals whichshall be registered with the (epartment of the #nterior and .ocalovernment" Provided, further, 2hat any change of corporate seal shall alsobe registered as provided herein

c nless otherwise provided in this Code, contract may be entered into by thelocal chief e&ecutive in behalf of the local government unit without priorauthori%ation by the Sanggunian concerned A legible copy of such contractshall be posted at a conspicuous place in the provincial capitol or the city,

municipal or Barangay hall

d .ocal government units shall enjoy full autonomy in the e&ercise of theirproprietary functions and in the management of their economic enterprises,subject to the limitations provided in this Code and other applicable laws

Sec. 01.Authority to &e!otiate and Secure Grants.- .ocal chief e&ecutivesmay, upon authority of the Sanggunian, negotiate and secure !nancial grants ordonations in 6ind, in support of the basic services or facilities enumerated underSection 78 hereof, from local and foreign assistance agencies without necessity ofsecuring clearance or approval therefor from any department, agency, or o$ce of

the national government or from any higher local government unit" Provided, 2hatprojects !nanced by such grants or assistance with national security implicationsshall be approved by the national agency concerned" Provided, further, 2hat whensuch national agency fails to act on the request for approval within thirty *=:days from receipt thereof, the same shall be deemed approved

2he local chief e&ecutive shall, within thirty *=: days upon signing of such grantagreement or deed of donation, report the nature, amount, and terms of suchassistance to both >ouses of Congress and the President


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Sec. 02. Lia#ility $or Dama!es.- .ocal government units and their o$cials arenot e&empt from liability for death or injury to persons or damage to property

LOCAL GOVERNMENT

The Constitution of the Philippines recognizes the importance of local governments.It provides as a policy that "the State shall guarantee and promote the autonomy ofthe local government units -- especially the barangays -- to ensure their fullestdevelopment as self-reliant communities."

Local governments constitute the foundation of the entire structure of thegovernment. The acts of the local government units affect the ordinary citizen moredirectly than those of the national government. The average citizen has more andcloser contacts ith the local governments and their agencies than ith the nationalor provincial government! and is more concerned ith the local affairs than ith

those of the national or provincial in scope.

The President of the Philippines eercises supervision over the hole country. #utfor purposes of administrative control! the Philippines is divided into units of differentsizes -- $non as political subdivisions. These are provinces! municipalities! cities!and barangays. These political subdivisions en%oy autonomy! especially in localaffairs. #ut! they are also under the general supervision of the Chief &ecutive!through the Secretary of the 'epartment of Interior and Local (overnment )'IL(*.These local governments are agencies of the national government in the matter ofcollection of taes! la enforcement! and other governmental functions! hich maybe delegated by the national government to these local governments.

PROVINCES

The provincial government ta$es care of the function so hich affect the people of acertain province. The province is the largest political unit in the Philippines. Itpossess the folloing poers --- +* to ac,uire and transfer real and personalproperties! * to enter into contracts! including those incurring obligations! hich areepressly provided by la and /* to eercise such other rights and incur such otherobligations as are epressly authorized by la.

There are 00 provinces in the Philippines. They are classified according to their

average income for five consecutive years. The higher the income of the province!the higher is its classification. The salaries that can be paid to the provincial officialsdepend upon the class to hich it belongs. 1igher salaries are paid to the officials ofthe higher-class provinces. 2 province elects its eecutives -- the governor! vicegovernor! and the members of the provincial board )vocales*. There are threevocales in the first! second! and third class provinces! and to in the other classesof provinces. The rest of the provincial officials -- li$e the provincial treasurer!provincial assessor! district auditor! %udges of the 3egional Trial courts! provincialfiscal! division superintendent of schools! district health officer! district engineer! and


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register of deeds -- are all appointed by the corresponding deparments of thenational government. 1oever! under the 4e Local (overnment Code! they arethe administrative control of the provincial governor. The election of the governor!vice governor! and members of the provincial board ta$es place on the SecondTuesday of 4ovember of the election year. They hold office for three years. Theycannot serve for more than three consecutive terms. The provincial governor

eercises general supervisory poers over the entire province. 1e also ma$es$non to the people of his province all las and orders of the government!especially those hich directly concern them and sees to it that they are faithfullycarried out. 1e ac,uaints himself ith the conditions of the municipalities comprisingthe province and advises local officials in matters affecting their official or$.

The provincial board is the la ma$ing body of the province! ith the provincialgovernor serving as the presiding officer. Some of its most important functions areas follos5 a* it passes las for the elfare of the municipalities and cities ithin its

%urisdiction b* it prepares and approves the provincial budget c* it appropriatesmoney for provincial purposes d* it eercises the poer of eminent domain and e*

it provides for the maintenance of e,uipment and buildings for provincial purposes.The board holds a regular ee$ly meeting upon a day fied by it. Special meetings!hoever! may be called by the provincial governor on any day.

MUNICIPALITIES

&ach province is composed of municipalities commonly called tons. Themunicipality is a public corporation created by an act of congress and is governedby the 6unicipality La! hich defines its duties and poers. #eing publiccorporations! municipalities can sue or be sued in court enter into contractsac,uire and hold real and personal properties for municipal purposes and eercise

such other poers as are granted by la. 6unicipalities are classified according totheir average annual income for the last four fiscal years. There are +!789municipalities in the Philippines. They are autonomous units of government andhave elective and appointive officials. The elective officials are the municipal mayor!vice mayor! and councilors. They are elected by the ,ualified voters for a term ofthree years. They cannot serve for more than three consecutive terms. Theappointive officials are the municipal secretary! treasurer! %ustice of the peace! andchief of police. The municipal mayor is the chief eecutive officer of the ton. 1ismain functions are5 +* to eecute all las and municipal ordinances * to supervisethe administration of the ton /* to issue orders relative to the maintenance ofpeace and order 8* to preside over the meetings of the municipal council and 7* torecommend measures to the municipal council aimed at the improvement of thesocial and economic conditions of the people. The municipal councils is thelama$ing body of the ton and is composed of the mayor -- ho is the chairman ofthe council -- vice mayor! and the councilors. The number of councilors for eachmunicipality depends upon the class to hich the municipality belongs. &achcouncilor is in-charge of a village or barangay. Some of the more importantmandatory poers of the municipal council are the folloing5 +* to fi the salaries ofall municipal offices and employees! ecept the treasurer! teachers in the publicschools! and staff of national government agencies assigned to the municipality *


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to provide for epenses necessary to carry out the functions of the municipality /*to provide for buildings ade,uate for municipal uses! including school houses 8* toprovide for the levy and collection of taes! fees! and charges as sources ofmunicipal revenue and 7* to establish and maintain an efficient police departmentand an ade,uate municipal %ail.

CITIES

The chartered city is also a unit of local administration. It is created by a special lahich serves as its charter. The charter is the constitution of the city. The chartercreates the city! defines its boundaries! provides its system of government! anddefines the poers and duties of its officials. 2 city or any of its officials cannotperform any official act hich is not permitted by its charter. The city elective officialsare the mayor! vice mayor! and the members of the board of councilors. They areelected for a term of three years. They cannot serve for more than threeconsecutive terms. The mayor is the eecutive official of the city! aided by theappointive heads of the various departments. The vice mayor is the presiding officer

of the board. 2nd the city courts eercise %udicial functions. The lama$ing body ofthe city is council. 2mong its important functions are as folos5 +* to levy and collecttaes in accordance ith la * to enact ordinances /* to provide for public or$dsconstructions and for the maintenance of a local police force 8* to establish firezones ithin the city and to regulated the type of building hich may be constructedithin each zone and 7* to provide for the protection of the inhabitants from publiccalamities and to provide relied in times of emergency. There are :0 chartered citiesin the Philippines.

BARANGAYS

&ach municipality or city is composed of a number of villages or barangays. Thebarangays are the smallest units of local government in the Philippines. They aregoverned by the #arrio Charter. The elective officials of the barangays are the#arangay Captain and the #arangay Councilors. 2s chief eecutive! the barangaycaptain is its recognized leader. 1e enforces all the las and ordinances applicableto his constituency. 1e may organize fire brigades! preside over all meetings both ofthe barangay council and assembly! organize groups of citizens to fight criminalityand brigandage! and approve all payments from barangay funds. 1e also sings allcontacts in hich the barangay is a party. There are 8+! ;87 barangays in thePhilippines. They are public corporations and so! they can sue and be sued in courtcan enter into contracts! can ac,uire and hold all $inds of property and can

eercise such poers or perform such acts as are provided by la.

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17/38

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26/38

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28/38

C>C>AL2+110S

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29/38

Commercial-.aw Ateneo 9::80/A SA2+S

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30/38

M('e F'(1 T%! U!e'/anual for Prosecutors+;>010 /A

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Study+;>010 /A

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Civil Procedure+;>010 /A

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