L&R Gvt

LOCAL GOVERNMENT CODE OF 1991

a. It is hereby declared the policy of the State that the territorial and political subdivisions

of the State shall enjoy genuine and meaningful local autonomy to enable them to attain their

fullest development as self-reliant communities and make them more effective partners in the

attainment of national goals.

The Basic Principles of Local Government

Code (LGC)

a. The Code, Policy and Application

b. General Powers and Attributes of LGU

c. Intergovernmental Relations

SECTION 4. Scope of Application

This Code shall apply to all provinces, cities, municipalities, Barangays, and other political

subdivisions as may be created by law, and, to the extent herein provided, to officials, offices, or

agencies of the national government.

SECTION 5. Rules of Interpretation

Any provision on a power of a local government unit shall be liberally interpreted in its favor,

and in case of doubt, any question thereon shall be resolved in favor of devolution of powers and of

the lower local government unit. Any fair and reasonable doubt as to the existence of the power

shall be interpreted in favor of the local government unit concerned.

SECTION 6. Authority to Create Local Government Units

Any provision on a power of a local government unit shall be liberally interpreted in its favor,

and in case of doubt, any question thereon shall be resolved in favor of devolution of powers and of

the lower local government unit. Any fair and reasonable doubt as to the existence of the power

shall be interpreted in favor of the local government unit concerned.

SECTION 7. Creation and Conversion

As a general rule, the creation of a local government unit or its

conversion from one level to another level shall be based on

verifiable indicators of viability and projected capacity to provide

services to;

Income

Population

Land Area

GENERAL POWERS AND ATTRIBUTES OF LGU

Income

Population

Land Area

It must be sufficient, based on acceptable standards, to provide for all essential government facilities and services and special functions commensurate with the size of its population, as expected of the local government unit concerned;

Population

It shall be determined as the total number of inhabitants within the

territorial jurisdiction of the local government unit concerned, and

Land Area

It must be contiguous, unless it comprises two or more islands or is

separated by a local government unit independent of the others: property

identified by metes and bounds with technical descriptions; and sufficient

to provide for such basic services and facilities to meet the requirements

of its populace. Compliance with the foregoing indicators shall be attested

to by the Department of Finance (DOF), the National Statistics Office

(NSO), and the Lands Management Bureau (LMB) of the Department of

Environment and Natural Resources(DENR).

SECTION 8. Division and Merger

Division and merger of existing local. government units shall comply with the same requirements herein prescribed for their creation: Provided however, That such division shall not reduce the income, population, or land area of the local government unit or units concerned to less than the minimum requirements prescribed in this Code: Provided, further, That the income classification of the original local government unit or units shall not fall below its current. income classification prior to such division.

SECTION 9. Abolition of Local Government Units

A local government unit may be abolished when its income, population, or

land area has been irreversibly reduced to less than the minimum standards

prescribed for its creation under Book III of this Code, as certified by the

national agencies mentioned in Section 17 hereof to Congress or to the

Sanggunian concerned, as the case may be.The law or ordinance abolishing a

local government unit shall specify the province, city, municipality, or

Barangay with which the local government unit sought to be abolished will be

incorporated or merged.

SECTION 10. Plebiscite Requirement

No creation, division, merger, abolition, or substantial alteration of boundaries of local government units shall take effect unless approved by a majority of the votes cast in a plebiscite called for the purpose in the political unit or units directly affected. Said plebiscite shall be conducted by the Commission on Elections (Comelec) within one hundred twenty (120) days from the date of effectivity of the law or ordinance effecting such action, unless said law or ordinance fixes another date.

SECTION 11. Selection and Transfer of Local Government Site, Offices and

Facilities

The law or ordinance creating or merging local government units shall

specify the seat of government from where governmental and corporate services

shall be delivered.

Local government offices and facilities shall not be transferred, relocated, or converted to other

uses unless public hearings are first conducted for the purpose and the concurrence of the majority of

all the members of the Sanggunian concerned is obtained.

SECTION 12. Government Centers

Provinces, cities, and municipalities shall endeavor to establish a government

center where offices, agencies, or branches of the national government, local

government units, or government-owned or -controlled corporations may, as far as

practicable, be located. In designating such a center, the local government unit

concerned shall take into account the existing facilities of national and local agencies

and offices which may serve as the government center as contemplated under this

Section. The national government local government unit or govemment-owned or

controlled corporation concerned shall bear the expenses for the construction of its

buildings and facilities in the government center.

SECTION 13. Naming of Local Government Units and Public Places, Streets and

Structures

a. The Sangguniang Panlalawigan may, in consultation with the Philippine Historical

Commission (PHC), change the name of the following within its territorial jurisdiction:

(1) Component cities and municipalities, upon recommendation of the Sanggunian concerned; the

(2) Provincial roads, avenues, boulevards, thorough-fares, and bridges;

(3) Public vocational or technical schools and other post-secondary and tertiary schools:

(4) Provincial hospitals, health centers, and other health facilities; and

(5) Any other public place or building owned by the provincial government

SECTION 13. Naming of Local Government Units and Public Places, Streets and

Structures

b. The Sanggunian of highly urbanized cities and of component cities whose charters prohibit

their voters from voting for provincial elective officials, hereinafter referred to in this Code as

independent component cities, may, in consultation with the Philippine Historical Commission,

change the name of the following within its territorial jurisdiction:

(1) City Barangays, upon the recommendation of the Sangguniang Barangay concerned;

(2) City roads, avenues, boulevards, thorough fares, and bridges:

(3) Public elementary, secondary and vocational or technical schools, community colleges and

non-chartered colleges;

(4) City hospitals, health centers and other health facilities; and

(5) Any other public place or building owned by the city government.

SECTION 13. Naming of Local Government Units and Public Places, Streets and

Structures

c. The Sanggunians of component cities and municipalities may, in consultation with the

Philippine Historical Commission, change the name of the following within its territorial

jurisdiction:

(6) city and municipal Barangays, upon recommendation of the Sangguniang Barangay

concerned;

(7) city, municipal and Barangay roads, avenues, boulevards, thorough fares, and bridges;

(8) city and municipal public elementary, secondary and vocational or technical schools,

post-secondary and other tertiary schools,

(9) city and municipal hospitals, health centers and other health facilities; and (5) Any other

public place or building owned by the municipal government.

SECTION 14. Beginning of Corporate Existence

When a new local government unit is created, its corporate existence shall commence

upon the election and qualification of its chief executive and a majority of the members

of its Sanggunian, unless some other time is fixed therefor by the law or ordinance

creating it.

SECTION 15. Political and Corporate Nature of Local Government Units

Every local government unit created or recognized under this Code is a body politic

and corporate endowed with powers to be exercised by it in conformity with law. As

such, it shall exercise powers as a political subdivision of the national government and

as a corporate entity representing the inhabitants of its territory.

SECTION 16. General Welfare

Every local government unit shall exercise the powers expressly granted, those

necessarily implied there from, as well as powers necessary, appropriate, or incidental for

its efficient and effective governance, and those which are essential to the promotion of the

general welfare.

SECTION 17. Basic Services and Facilities.

a. Local government units shall endeavor to be self-reliant and shal 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, o incidental to efficient and

effective provision of the basic services and facilities enumerated herein.

GENERAL POWERS AND ATTRIBUTES OF LGU

b. Such basic services and facilities include, but are not limited to, the following;

For a Barangay:

Agricultural support services which include planting materials distribution system and operation of farm

produce collection and buying stations;

Health and social welfare services which include maintenance of Barangay health center and day-care

center;

Services and facilities related to general hygiene and sanitation, beautification, and solid waste collection;

Maintenance of Barangay roads and bridges and water supply systems

Infrastructure facilities such as multi purpose hall, multipurpose pavement, plaza, sports center, and other

similar facilities; and

Information and reading center.

GENERAL POWERS AND ATTRIBUTES OF LGU

For a municipality:

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, coconut, and other kinds of seedling nurseries; demonstration farms;

quality. control of copra and improvement and development of local distribution

channels, preferably through cooperatives; inter -Barangay irrigation system; water and

soil resource utilization and conservation projects, and enforcement of fishery laws in

municipal waters including the conservation of mangroves;

Solid waste disposal system or environmental management system and services or

facilities related to general hygiene and sanitation

GENERAL POWERS AND ATTRIBUTES OF LGU

For a Province:

Agricultural extension and on-site research services and facilities which include

the prevention and control of plant and animal pests and diseases; dairy farms,

livestock markets, animal breeding stations, and artificial insemination centers; and

assistance in the organization of farmers' and fishermen's cooperatives and other

collective organizations, as well as the transfer of appropriate technology.

Infrastructure facilities intended to service the needs of the residents of the

province and which are funded out of provincial funds including, but not limited to,

provincial roads and bridges; inter-municipal waterworks, drainage and sewerage,

flood control, and irrigation systems; reclamation projects; and similar facilities;