General Provisions
                                                          Basic Principles

                                                           CHAPTER I

                                            The Code: Policy and Application

SECTION 1.        Title. — This Act shall be known and cited as the "Local Government
Code of 1991".

SECTION 2.        Declaration of Policy. — (a) It is hereby declared the policy of the
State that the territorial and political subdivisions of the State shall enjoy genuine and
meaningful local autonomy to enable them to attain their fullest development as self-
reliant communities and make them more effective partners in the attainment of national
goals. Toward this end, the State shall provide for a more responsive and accountable
local government structure instituted through a system of decentralization whereby local
government units shall be given more powers, authority, responsibilities, and resources.
The process of decentralization shall proceed from the national government to the local
government units.   aisa dc
(b)        It is also the policy of the State to ensure the accountability of local government
units through the institution of effective mechanisms of recall, initiative and referendum.
(c)        It is likewise the policy of the State to require all national agencies and offices to
conduct periodic consultations with appropriate local government units, nongovernmental
and people's organizations, and other concerned sectors of the community before any
project or program is implemented in their respective jurisdictions.   cd
SECTION 3.        Operative Principles of Decentralization. — The formulation and
implementation of policies and measures on local autonomy shall be guided by the
following operative principles:
(a)        There shall be an effective allocation among the different local government units
of their respective powers, functions, responsibilities, and resources;
(b)        There shall be established in every local government unit an accountable,
efficient, and dynamic organizational structure and operating mechanism that will meet
the priority needs and service requirements of its communities;
(c)        Subject to civil service law, rules and regulations, local officials and employees
paid wholly or mainly from local funds shall be appointed or removed, according to merit
and fitness, by the appropriate appointing authority;    IHaSED
(d)        The vesting of duty, responsibility, and accountability in local government units
shall be accompanied with provision for reasonably adequate resources to discharge their
powers and effectively carry out their functions: hence, they shall have the power to
create and broaden their own sources of revenue and the right to a just share in national
taxes and an equitable share in the proceeds of the utilization and development of the
national wealth within their respective areas;   cd
(e)        Provinces with respect to component cities and municipalities, and cities and
municipalities with respect to component barangays, shall ensure that the acts of their
component units are within the scope of their prescribed powers and functions;
(f)        Local government units may group themselves, consolidate or coordinate their
efforts, services, and resources commonly beneficial to them;
(g)        The capabilities of local government units, especially the municipalities and
barangays, shall be enhanced by providing them with opportunities to participate actively
in the implementation of national programs and projects;   acd
(h)        There shall be a continuing mechanism to enhance local autonomy not only by
legislative enabling acts but also by administrative and organizational reforms;
(i)        Local government units shall share with the national government the responsibility
in the management and maintenance of ecological balance within their territorial
jurisdiction, subject to the provisions of this Code and national policies;
(j)        Effective mechanisms for ensuring the accountability of local government units to
their respective constituents shall be strengthened in order to upgrade continually the
quality of local leadership;
(k)        The realization of local autonomy shall be facilitated through improved
coordination of national government policies and programs an extension of adequate
technical and material assistance to less developed and deserving local government units;   
cda
(l)        The participation of the private sector in local governance, particularly in the
delivery of basic services, shall be encouraged to ensure the viability of local autonomy as
an alternative strategy for sustainable development; and
(m)        The national government shall ensure that decentralization contributes to the
continuing improvement of the performance of local government units and the quality of
community life.

SECTION 4.        Scope of Application. — This Code shall apply to all provinces, cities,
municipalities, barangays, and other political subdivisions as may be created by law, and,
to the extent herein provided, to officials, offices, or agencies of the national
government.   

SECTION 5.        Rules of Interpretation. — In the interpretation of the provisions of
this Code, the following rules shall apply:
(a)        Any provision on a power of a local government unit shall be liberally interpreted
in its favor, and in case of doubt, any question thereon shall be resolved in favor of
devolution of powers and of the lower local government unit. Any fair and reasonable
doubt as to the existence of the power shall be interpreted in favor of the local
government unit concerned;
(b)        In case of doubt, any tax ordinance or revenue measure shall be construed
strictly against the local government unit enacting it, and liberally in favor of the taxpayer.
Any tax exemption, incentive or relief granted by any local government unit pursuant to
the provisions of this Code shall be construed strictly against the person claiming it.  cda
(c)        The general welfare provisions in this Code shall be liberally interpreted to give
more powers to local government units in accelerating economic development and
upgrading the quality of life for the people in the community;
(d)        Rights and obligations existing on the date of effectivity of this Code and arising
out of contracts or any other source of presentation involving a local government unit
shall be governed by the original terms and conditions of said contracts or the law in force
at the time such rights were vested; and
(e)        In the resolution of controversies arising under this Code where no legal
provision or jurisprudence applies, resort may be had to the customs and traditions in the
place where the controversies take place.

CHAPTER II
General Powers and Attributes of Local Government Units

SECTION 6.        Authority to Create Local Government Units. — A local government
unit may be created, divided, merged, abolished, or its boundaries substantially altered
either by law enacted by Congress in the case of a province, city, municipality, or any
other political subdivision, or by ordinance passed by the sangguniang panlalawigan or
sangguniang panlungsod concerned in the case of a barangay located within its territorial
jurisdiction, subject to such limitations and requirements prescribed in this Code.
Office Address :
819 Antonio
Maceda St
  Sampaloc, Manila
  Philippines
SECTION 7.        Creation and Conversion. — As a general rule, the creation of a local government unit or its conversion from
one level to another level shall be based on verifiable indicators of viability and projected capacity to provide services, to wit:
(a)        Income. — It must be sufficient, based on acceptable standards, to provide for all essential government facilities and
services and special functions commensurate with the size of its population, as expected of the local government unit concerned;
(b)        Population. — It shall be determined as the total number of inhabitants within the territorial jurisdiction of the local
government unit concerned; and   cd i
(c)        Land Area. — It must be contiguous, unless it comprises two or more islands or is separated by a local government unit
independent of the others; properly identified by metes and bounds with technical descriptions; and sufficient to provide for such
basic services and facilities to meet the requirements of its populace.
Compliance with the foregoing indicators shall be attested to by the Department of Finance (DOF), the National Statistics Office
(NSO), and the Lands Management Bureau (LMB) of the Department of Environment and Natural Resources (DENR).
SECTION 8.        Division and Merger. — Division and merger of existing local government units shall comply with the same
requirements herein prescribed for their creation: Provided, however, That such division shall not reduce the income, population,
or land area of the local government unit or units concerned to less than the minimum requirements prescribed in this Code:
Provided, further, That the income classification of the original local government unit or units shall not fall below its current
classification prior to such division.   cda
The income classification of local government units shall be updated within six (6) months from the effectivity of this Code to
reflect the changes in their financial position resulting from the increased revenues as provided herein.
SECTION 9.        Abolition of Local Government Units. — A local government unit may be abolished when its income,
population, or land area has been irreversibly reduced to less than the minimum standards prescribed for its creation under Book
III of this Code, as certified by the national agencies mentioned in Section 7 hereof to Congress or to the sangguniang concerned,
as the case may be.   cdtai
The law or ordinance abolishing a local government unit shall specify the province, city, municipality, or barangay with which the
local government unit sought to be abolished will be incorporated or merged.
SECTION 10.        Plebiscite Requirement. — No creation, division, merger, abolition, or substantial alteration of boundaries of
local government units shall take effect unless approved by a majority of the votes cast in a plebiscite called for the purpose in the
political unit or units directly affected. Said plebiscite shall be conducted by the Commission on Elections (COMELEC) within
one hundred twenty (120) days from the date of effectivity of the law or ordinance effecting such action, unless said law or
ordinance fixes another date.
SECTION 11.        Selection and Transfer of Local Government Site, Offices and Facilities. — (a) The law or ordinance creating
or merging local government units shall specify the seat of government from where governmental and corporate services shall be
delivered. In selecting said site, factors relating to geographical centrality, accessibility, availability of transportation and
communication facilities, drainage and sanitation, development and economic progress, and other relevant considerations shall be
taken into account. cd i   
(b)        When conditions and developments in the local government unit concerned have significantly changed subsequent to the
establishment of the seat of government, its sanggunian may, after public hearing and by a vote of two-thirds (2/3) of all its
members, transfer the same to a site better suited to its needs. Provided, however, That no such transfer shall be made outside
the territorial boundaries of the local government unit concerned.   cdasia
The old site, together with the improvements thereon, may be disposed of by the sale or lease or converted to such other use as
the sangguniang concerned may deem beneficial to the local government unit concerned and its inhabitants.
(c)        Local government offices and facilities shall not be transferred, relocated, or converted to other uses unless public
hearings are first conducted for the purpose and the concurrence of the majority of all the members of the sanggunian concerned
is obtained.
SECTION 12.        Government Centers. — Provinces, cities, and municipalities shall endeavor to establish a government center
where offices, agencies, or branches of the national government, local government units, or government-owned or controlled
corporations may, as far as practicable, be located. In designating such a center, the local government unit concerned shall take
into account the existing facilities of national and local agencies and offices which may serve as the government center as
contemplated under this Section. The national government, local government unit or government-owned or controlled corporation
concerned shall bear the expenses for the construction of its buildings and facilities in the government center.   casia
SECTION 13.        Naming of Local Government Units and Public Places, Streets and Structures. — (a) The sangguniang
panlalawigan may, in consultation with the Philippine Historical Commission (PHC), change the name of the following within its
territorial jurisdiction:
(1)        Component cities and municipalities, upon the recommendation of the sanggunian concerned;
(2)        Provincial roads, avenues, boulevards, thoroughfares, and bridges;   cd
(3)        Public vocational or technical schools and other post-secondary and tertiary schools;
(4)        Provincial hospitals, health centers, and other health facilities; and
(5)        Any other public place or building owned by the provincial government.
(b)        The sanggunian of highly urbanized cities and of component cities whose charters prohibit their voters from voting for
provincial elective officials, hereinafter referred to in this Code as independent component cities, may, in consultation with the
Philippine Historical Commission, change the name of the following within its territorial jurisdiction:   cdasia
(1)        City barangays, upon the recommendation of the sangguniang barangay concerned;
(2)        City roads, avenues, boulevards, thoroughfares, and bridges;
(3)        Public elementary, secondary and vocational or technical schools, community colleges and non-chartered colleges;
(4)        City hospitals, health centers and other health facilities; and
(5)        Any other public place or building owned by the city government.
(c)        The sanggunians of component cities and municipalities may, in consultation with the Philippine Historical Commission,
change the name of the following within its territorial jurisdiction:   aisa dc
(1)        City and municipal barangays, upon recommendation of the sangguniang barangay concerned;
(2)        City, municipal and barangay roads, avenues, boulevards, thoroughfares, and bridges;
(3)        City and municipal public elementary, secondary and vocational or technical schools, post- secondary and other tertiary
schools;
(4)        City and municipal hospitals, health centers and other health facilities; and
(5)        Any other public place or building owned by the municipal government.   cda
(d)        None of the foregoing local government units, institutions, places, or buildings shall be named after a living person, nor
may a change of name be made unless for a justifiable reason and, in any case, not oftener than once every ten (10) years. The
name of a local government unit or a public place, street or structure with historical, cultural, or ethnic significance shall not be
changed, unless by a unanimous vote of the sanggunian concerned and in consultation with the PHC.
(e)        A change of name of a public school shall be made only upon the recommendation of the local school board concerned.
(f)        A change of name of public hospitals, health centers, and other health facilities shall be made only upon the
recommendation of the local health board concerned.   cda
(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.
(h)        In any change of name, the Office of the President, the representative of the legislative district concerned, and the
Bureau of Posts shall be notified.
SECTION 14.        Beginning of Corporate Existence. — When a new local government unit is created, its corporate existence
shall commence upon the election and qualification of its chief executive and a majority of the members of its sanggunian, unless
some other time is fixed therefor by the law or ordinance creating it.
SECTION 15.        Political and Corporate Nature of Local Government Units. — Every local government unit created or
recognized under this Code is a body politic and corporate endowed with powers to be exercised by it in conformity with law. As
such, it shall exercise powers as a political subdivision of the national government and as a corporate entity representing the
inhabitants of its territory.   cdt
SECTION 16.        General Welfare. — Every local government unit shall exercise the powers expressly granted, those
necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance,
and those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, local
government units shall ensure and support, among other things, the preservation and enrichment of culture, promote health and
safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-
reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote
full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their
inhabitants.   cda
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 provisions of the basic services and facilities enumerated herein.
(b)        Such basic services and facilities include, but are not limited to, the following:
(1)        For Barangay:
(i)        Agricultural support services which include planting materials distribution system and operation of farm produce collection
and buying stations;   casia
(ii)        Health and social welfare services which include maintenance of barangay health center and day-care center;
(iii)        Services and facilities related to general hygiene and sanitation, beautification, and solid waste collection;
(iv)        Maintenance of katarungang pambarangay;
(v)        Maintenance of barangay roads and bridges and water supply systems;
(vi)        Infrastructure facilities such as multi-purpose hall, multipurpose pavement, plaza, sports center, and other similar
facilities;   cd
(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 seedling 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; interbarangay irrigation system;
water and soil resource utilization and conservation projects; and enforcement of fishery laws in municipal waters including the
conservation of mangroves;
(ii)        Pursuant to national policies and subject to supervision, control and review of the DENR, implementation of community-
based forestry projects which include integrated social forestry programs and similar projects; management and control of
communal forests with an area not exceeding fifty (50) square kilometers; establishment of tree parks, greenbelts, and similar
forest development projects;   cd i
(iii)        Subject to the provisions of Title Five, Book I of this Code, health services which include the implementation of
programs and projects on primary health care, maternal and child care, and communicable and non-communicable disease control
services, access to secondary and tertiary health services; purchase of medicines, medical supplies, and equipment needed to
carry out the services herein enumerated;
(iv)        Social welfare services which include programs and projects on child and youth welfare, family and community welfare,
women's welfare, welfare of the elderly and disabled persons; community-based rehabilitation programs for vagrants, beggars,
street children, scavengers, juvenile delinquents, and victims of drug abuse; livelihood and other pro-poor projects; nutrition
services; and family planning services;
(v)        Information services which include investments and job placement information systems, tax and marketing information
systems, and maintenance of a public library;   cd i
(vi)        Solid waste disposal system or environmental management system and services or facilities related to general hygiene
and sanitation;
(vii)        Municipal buildings, cultural centers, public parks including freedom parks, playgrounds, and other sports facilities and
equipment, and other similar facilities;
(viii)        Infrastructure facilities intended primarily to service the needs of the residents of the municipality and which are funded
out of municipal funds including but not limited to, municipal roads and bridges; school buildings and other facilities for public
elementary and secondary schools; clinics, health centers and other health facilities necessary to carry out health services;
communal irrigation, small water impounding projects and other similar projects; fish ports; artesian wells, spring development,
rainwater collectors and water supply systems; seawalls, dikes, drainage and sewerage, and flood control; traffic signals and road
signs; and similar facilities;
(ix)        Public markets, slaughterhouses and other municipal enterprises;
(x)        Public cemetery;   cd
(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 municipal jail;
(3)        For a Province:
(i)        Agricultural extension and on-site research services and facilities which include the prevention and control of plant and
animal pests and diseases; dairy farms, livestock markets, animal breeding stations, and artificial insemination centers; and
assistance in the organization of farmers and fishermen's cooperatives, and other collective organizations, as well as the transfer
of appropriate technology;   cda
(ii)        Industrial research and development services, as well as the transfer of appropriate technology;
(iii)        Pursuant to national policies and subject to supervision, control and review of the DENR, enforcement of forestry laws
limited to community-based forestry projects, pollution control law, small-scale mining law, and other laws on the protection of
the environment; and mini-hydroelectric projects for local purposes;
(iv)        Subject to the provisions of Title Five, Book I of this Code, health services which include hospitals and other tertiary
health services;
(v)        Social welfare services which include programs and projects on rebel returnees and evacuees; relief operations; and
population development services;   aisa dc
(vi)        Provincial buildings, provincial jails, freedom parks and other public assembly areas and similar facilities;
(vii)        Infrastructure facilities intended to service the needs of the residence of the province and which are funded out of
provincial funds including, but not limited to, provincial roads and bridges; inter-municipal waterworks, drainage and sewerage,
flood control, and irrigation systems; reclamation projects; and similar facilities;
(viii)        Programs and projects for low-cost housing and other mass dwellings, except those funded by the Social Security
System (SSS), Government Service Insurance System p. 172 (GSIS), and the Home Development Mutual Fund (HDMF):
Provided, That national funds for these programs and projects shall be equitably allocated among the regions in proportion to the
ratio of the homeless to the population;   cda
(ix)        Investment support services, including access to credit financing;
(x)        Upgrading and modernization of tax information and collection services through the use of computer hardware and
software and other means;
(xi)        Inter-municipal telecommunications services, subject to national policy guidelines; and   cd i
(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;
(c)        Notwithstanding the provisions of subsection (b) hereof, public works and infrastructure projects and other facilities,
programs and services funded by the national government under the annual General Appropriations Act, other special laws,
pertinent executive orders, and those wholly or partially funded from foreign sources, are not covered under this Section, except
in those cases where the local government unit concerned is duly designated as the implementing agency for such projects,
facilities, programs, and services.   acd
(d)        The designs, plans, specifications, testing of materials, and the procurement of equipment and materials at P170 from
both foreign and local sources necessary for the provision of the foregoing services and facilities shall be undertaken by the local
government unit concerned, based on national policies, standards and guidelines.
(e)        National agencies or offices concerned shall devolve to local government units the responsibility for the provision of basic
services and facilities enumerated in this Section within six (6) months after the effectivity of this Code.
As used in this Code, the term "devolution" refers to the act by which the national government confers power and authority upon
the various local government units to perform specific functions and responsibilities.
(f)        The national government or the next higher level of local government unit may provide or augment the basic services and
facilities assigned to a lower level of local government unit when such services or facilities are not made available or, if made
available, are inadequate to meet the requirements of its inhabitants.   casia
(g)        The basic services and facilities hereinabove enumerated shall be funded from the share of local government units in the
proceeds of national taxes and other local revenues and funding support from the national government, its instrumentalities and
government-owned or controlled corporations which are tasked by law to establish and maintain such services or facilities. Any
fund or resource available for the use of local government units shall be first allocated for the provision of basic services or
facilities enumerated in subsection (b) hereof before applying the same for other purposes, unless otherwise provided in this Code.
(h)        Regional offices of national agencies or offices whose functions are devolved to local government units as provided
herein shall be phased out within one (1) year from the approval of this Code. Said national agencies and offices may establish
such field units as may be necessary for monitoring purposes and providing technical assistance to local government units. The
properties, equipment, and other assets of these regional offices shall be distributed to the local government units in the region in
accordance with the rules and regulations issued by the oversight committee created under this Code.   acd
(i)        The devolution contemplated in this Code shall include the transfer to local government units of the records, equipment,
and other assets and personnel of national agencies and offices corresponding to the devolved powers, functions, and
responsibilities.
Personnel of said national agencies or offices shall be absorbed by the local government units to which they belong or in whose
areas they are assigned to the extent that it is administratively viable as determined by the said oversight committee: Provided,
That the rights accorded to such personnel pursuant to civil service law, rules and regulations shall not be impaired: Provided,
further, That regional directors who are career executive service officers and other officers of similar rank in the said regional
offices who cannot be absorbed by the local government unit shall be retained by the national government, without any
diminution of rank, salary or tenure.   cdasia
(j)        To ensure the active participation of the private sector in local governance, local government units may, by ordinance,
sell, lease, encumber, or otherwise dispose of public economic enterprises owned by them in their proprietary capacity.
Costs may also be charged for the delivery of basic services or facilities enumerated in this Section.   cdtai
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 revenues and to levy taxes, fees, and charges which shall accrue
exclusively for their use and disposition and which shall be retained by them; to have a just share in national taxes which shall be
automatically and directly released to them without need of any further action; to have an equitable share in the proceeds from
the utilization and development of the national wealth and resources within their respective territorial jurisdictions including
sharing the same with the inhabitants by way of direct benefits; to acquire, develop, lease, encumber, alienate, or otherwise
dispose of real or personal property held by them in their proprietary capacity and to apply their resources and assets for
productive, developmental, or welfare purposes, in the exercise or furtherance of their governmental or proprietary powers and
functions and thereby ensure their development into self-reliant communities and active participants in the attainment of national
goals.
SECTION 19.        Eminent Domain. — A local government unit may, through its chief executive and acting pursuant to an
ordinance, exercise the power of eminent domain for public use, or purpose or welfare for the benefit of the poor and the
landless, upon payment of just compensation, pursuant to the provisions of the Constitution and pertinent laws: Provided,
however, That the power of eminent domain may not be exercised unless a valid and definite offer has been previously made to
the owner, and such offer was not accepted: Provided, further, That the local government unit may immediately take possession
of the property upon the filing of the expropriation proceedings and upon making a deposit with the proper court of at least fifteen
percent (15%) of the fair market value of the property based on the current tax declaration of the property to be expropriated:
Provided, finally, That, the amount to be paid for the expropriated property shall be determined by the proper court, based on the
fair market value at the time of the taking of the property.   cdt
SECTION 20.        Reclassification of Lands. — (a) A city or municipality may, through an ordinance passed by the sanggunian
after conducting public hearings for the purpose, authorize the reclassification of agricultural lands and provide for the manner of
their utilization or disposition in the following cases: (1) when the land ceases to be economically feasible and sound for
agricultural purposes as determined by the Department of Agriculture or (2) where the land shall have substantially greater
economic value for residential, commercial, or industrial purposes, as determined by the sanggunian concerned: Provided, That
such reclassification shall be limited to the following percentage of the total agricultural land area at the time of the passage of the
ordinance:
(1)        For highly urbanized and independent component cities, fifteen percent (15%);
(2)        For component cities and first to the third class municipalities, ten percent (10%); and   acd
(3)        For fourth to sixth class municipalities, five percent (5%): Provided, further, That agricultural lands distributed to agrarian
reform beneficiaries pursuant to Republic Act Numbered Sixty-six hundred fifty-seven (R.A. No. 6657). otherwise known as
"The Comprehensive Agrarian Reform Law", shall not be affected by the said reclassification and the conversion of such lands
into other purposes shall be governed by Section 65 of said Act.
(b)        The President may, when public interest so requires and upon recommendation of the National Economic and
Development Authority, authorize a city or municipality to reclassify lands in excess of the limits set in the next preceding
paragraph.
(c)        The local government units shall, in conformity with existing laws, continue to prepare their respective comprehensive
land use plans enacted through zoning ordinances which shall be the primary and dominant bases for the future use of land
resources: Provided. That the requirements for food production, human settlements, and industrial expansion shall be taken into
consideration in the preparation of such plans.   aisa dc
(d)        Where approval by a national agency is required for reclassification, such approval shall not be unreasonably withheld.
Failure to act on a proper and complete application for reclassification within three (3) months from receipt of the same shall be
deemed as approval thereof.
(e)        Nothing in this Section shall be construed as repealing, amending, or modifying in any manner the provisions of R.A. No.
6657.
SECTION 21.        Closure and Opening of Roads. — (a) A local government unit may, pursuant to an ordinance, permanently
or temporarily close or open any local road, alley, park, or square falling within its jurisdiction: Provided, however, That in case
of permanent closure, such ordinance must be approved by at least two-thirds (2/3) of all the members of the sanggunian, and
when necessary, an adequate substitute for the public facility that is subject to closure is provided.   casia
(b)        No such way or place or any part thereof shall be permanently closed without making provisions for the maintenance of
public safety therein. A property thus permanently withdrawn from public use may be used or conveyed for any purpose for
which other real property belonging to the local government unit concerned may be lawfully used or conveyed: Provided,
however, That no freedom park shall be closed permanently without provision for its transfer or relocation to a new site.
(c)        Any national or local road, alley, park, or square may be temporarily closed during an actual emergency, or fiesta
celebrations, public rallies, agricultural or industrial fairs, or an undertaking of public works and highways, telecommunications,
and waterworks projects, the duration of which shall be specified by the local chief executive concerned in a written order:
Provided, however, That no national or local road, alley, park, or square shall be temporarily closed for athletic, cultural, or civic
activities not officially sponsored, recognized, or approved by the local government unit concerned.   cda
(d)        Any city, municipality, or barangay may, by a duly enacted ordinance, temporarily close and regulate the use of any local
street, road, thoroughfare, or any other public place where shopping malls, Sunday, flea or night markets, or shopping areas may
be established and where goods, merchandise, foodstuffs, commodities, or articles of commerce may be sold and dispensed to the
general public.
SECTION 22.        Corporate Powers. — (a) Every local government unit, as a corporation, shall have the following powers:
(1)        To have continuous succession in its corporate name;
(2)        To sue and be sued;
(3)        To have and use a corporate seal;
(4)        To acquire and convey real or personal property;
(5)        To enter into contracts; and   cdt
(6)         To exercise such other powers as are granted to corporations, subject to the limitations provided in this Code and other
laws.
(b)        Local government units may continue using, modify, or change their existing corporate seals: Provided, That newly
established local government units or those without corporate seals may create their own corporate seals which shall be registered
with the Department of the Interior and Local Government: Provided, further, That any change of corporate seal shall also be
registered as provided hereon.
(c)        Unless otherwise provided in this Code, no contract may be entered into by the local chief executive in behalf of the local
government unit without prior authorization by the sanggunian concerned. A legible copy of such contract shall be posted at a
conspicuous place in the provincial capitol or the city, municipal or barangay hall.   cdt
(d)        Local government units shall enjoy full autonomy in the exercise of their proprietary functions and in the limitations
provided in this Code and other applicable laws,
SECTION 23.        Authority to Negotiate and Secure Grants. — Local chief executives may, upon authority of the sanggunian,
negotiate and secure financial grants or donations in kind, in support of the basic services or facilities enumerated under Section
17 hereof, from local and foreign assistance agencies without necessity of securing clearance or approval therefor from any
department, agency, or office of the national government of from any higher local government unit: Provided, That projects
financed by such grants or assistance with national security implications shall be approved by the national agency concerned:
Provided, further, That when such national agency fails to act on the request for approval within thirty (30) days from receipt
thereof, the same shall be deemed approved.   cdasia
The local chief executive shall, within thirty (30) days upon signing of such grant agreement or deed of donation, report the
nature, amount, and terms of such assistance to both Houses of Congress and the President.
SECTION 24.        Liability for Damages. — Local government units and their officials are not exempt from liability for death or
injury to persons or damage to property.
CHAPTER III
Intergovernmental Relations
ARTICLE I
National Government and Local Government Units
SECTION 25.        National Supervision over Local Government Units. — (a) Consistent with the basic policy on local
autonomy, the President shall exercise general supervision over local government units to ensure that their acts are within the
scope of their prescribed powers and functions.   cd
The President shall exercise supervisory authority directly over provinces, highly urbanized cities, and independent component
cities; through the province with respect to component cities and municipalities; and through the city and municipality with respect
to barangays.
(b)        National agencies and offices with project implementation functions shall coordinate with one another and with the local
government units concerned in the discharge of these functions. They shall ensure the participation of local government units both
in the planning and implementation of said national projects.
(c)        The President may, upon request of the local government unit concerned, direct the appropriate national agency to
provide financial, technical, or other forms of assistance to the local government unit. Such assistance shall be extended at no
extra cost to the local government unit concerned.   aisa dc
(d)        National agencies and offices including government-owned or controlled corporations with field units or branches in a
province, city, or municipality shall furnish the local chief executive concerned, for his information and guidance, monthly reports
including duly certified budgetary allocations and expenditures.
SECTION 26.        Duty of National Government Agencies in the Maintenance of Ecological Balance. — It shall be the duty of
every national agency or government-owned or controlled corporation authorizing or involved in the planning and implementation
of any project or program that may cause pollution, climatic change, depletion of non-renewable resources, loss of crop land,
rangeland, or forest cover, and extinction of animal or plant species, to consult with the local government units, nongovernmental
organizations, and other sectors concerned and explain the goals and objectives of the project or program, its impact upon the
people and the community in terms of environmental or ecological balance, and the measures that will be undertaken to prevent
or minimize the adverse effects thereof.   aisa dc
SECTION 27.        Prior Consultations Required. — No project or program shall be implemented by government authorities
unless the consultations mentioned in Sections 2 (c) and 26 hereof are complied with, and prior approval of the sanggunian
concerned is obtained: Provided, That occupants in areas where such projects are to be implemented shall not be evicted unless
appropriate relocation sites have been provided, in accordance with the provisions of the Constitution.
ARTICLE II
Relations with the Philippine National Police
SECTION 28.        Powers of Local Chief Executives over the Units of the Philippine National Police. — The extent of
operational supervision and control of local chief executives over the police force, fire protection unit, and jail management
personnel assigned in their respective jurisdictions shall be governed by the provisions of Republic Act Numbered Sixty-nine
hundred seventy-five (R.A. No. 6975), otherwise known as "The Department of the Interior and Local Government Act of
1990", and the rules and regulations issued pursuant thereto.   aisa dc
ARTICLE III
Inter-Local Government Relations
SECTION 29.        Provincial Relations with Component Cities and Municipalities. — The province, through the governor, shall
ensure that every component city and municipality within its territorial jurisdiction acts within the scope of its prescribed powers
and functions. Highly urbanized cities and independent component cities shall be independent of the province.
SECTION 30.        Review of Executive Orders. — (a) Except as otherwise provided under the Constitution and special statutes,
the governor shall review all executive orders promulgated by the component city or municipal mayor within his jurisdiction. The
city or municipal mayor shall review all executive orders promulgated by the punong barangay within his jurisdiction. Copies of
such orders shall be forwarded to the governor or the city or municipal mayor, as the case may be, within three (3) days from
their issuance. In all instances of review, the local chief executive concerned shall ensure that such executive orders are within the
powers granted by law and in conformity with provincial, city, or municipal ordinances.
(b)        If the governor or the city or municipal mayor fails to act on said executive orders within thirty (30) days after their
submission, the same shall be deemed consistent with law and therefore valid.   cd
SECTION 31.        Submission of Municipal Questions to the Provincial Legal Officer or Prosecutor. — In the absence of a
municipal legal officer, the municipal government may secure the opinion of the provincial legal officer, and in the absence of the
latter, that of the provincial prosecutor on any legal question affecting the municipality.
SECTION 32.        City and Municipal Supervision over Their Respective Barangays. — The city or municipality, through the
city or municipal mayor concerned, shall exercise general supervision over component barangays to ensure that said barangays act
within the scope of their prescribed powers and functions.
SECTION 33.        Cooperative Undertakings Among Local Government Units. — Local government units may, through
appropriate ordinances, group themselves, consolidate, or coordinate their efforts, services, and resources for purposes commonly
beneficial to them. In support of such undertakings, the local government units involved may, upon approval by the sanggunian
concerned after a public hearing conducted for the purpose, contribute funds, real estate, equipment, and other kinds of property
and appoint or assign personnel under such terms and conditions as may be agreed upon by the participating local units through
Memoranda of Agreement.  cdtai
CHAPTER IV
Relations With People's and Non-Governmental Organizations
SECTION 34.        Role of People's and Non-governmental Organizations. — Local government units shall promote the
establishment and operation of people's and non-governmental organizations to become active partners in the pursuit of local
autonomy.
SECTION 35.        Linkages with People's and Non-governmental Organizations. — Local government units may enter into joint
ventures and such other cooperative arrangements with people's and non-governmental organizations to engage in the delivery of
certain basic services, capability-building and livelihood projects, and to develop local enterprises designed to improve productivity
and income, diversity agriculture, spur rural industrialization, promote ecological balance, and enhance the economic and social
well-being of the people.   cdt
SECTION 36.        Assistance to People's and Non-governmental Organizations. — A local government unit may, through its
local chief executive and with the concurrence of the sanggunian concerned, provide assistance, financial or otherwise, to such
people's and non-governmental organizations for economic, socially-oriented, environmental, or cultural projects to be
implemented within its territorial jurisdiction.
CHAPTER V
Local Prequalification, Bids and Awards Committee
SECTION 37.        Local Prequalification, Bids and Awards Committee (Local PBAC). — (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
infrastructure projects. The governor or the city or municipal mayor shall act as the chairman with the following as members:
(1)        The chairman of the appropriations committee of the sanggunian concerned;
(2)        A representative of the minority party in the sanggunian concerned, if any, or if there be none, one (1) chosen by said
sanggunian from among its members;
(3)        The local treasurer;   acd
(4)        Two (2) representatives of non-governmental organizations that are represented in the local development council
concerned, to be chosen by the organizations themselves; and
(5)        Any practicing certified public accountant from the private sector, to be designated by the local chapter of the Philippine
Institute of Certified Public Accountants, if any.
Representatives of the Commission on Audit shall observe the proceedings of such committee and shall certify that the rules and
procedures for prequalification, bids and awards have been complied with.
(b)        The agenda and other information relevant to the meetings of such committee shall be deliberated upon by the committee
at least one (1) week before the holding of such meetings.   casia
(c)        All meetings of the committee shall be held in the provincial capitol or the city or municipal hall. The minutes of such
meetings of the committee and any decision made therein shall be duly recorded, posted at a prominent place in the provincial
capitol or the city or municipal hall, and delivered by the most expedient means to elective local officials concerned.
SECTION 38.        Local Technical Committee. — (a) There is hereby created a local technical committee in every province,
city and municipality to provide technical assistance to the local prequalification, bids and awards committees. It shall be
composed of the provincial, city or municipal engineer, the local planning and development coordinator, and such other officials
designated by the local prequalification, bids and awards committee.   aisa dc
(b)        The chairman of the local technical committee shall be designated by the local prequalification, bids and awards
committee and shall attend its meeting in order to present the reports and recommendations of the local technical committee.
TITLE II.
Elective Officials
CHAPTER I
Qualifications and Election
SECTION 39.        Qualifications. — (a) An elective local official must be a citizen of the Philippines; a registered voter in the
barangay, municipality, city, or province or, in the case of a member of the sangguniang panlalawigan, sangguniang panlungsod,
or sangguniang bayan, the district where he intends to be elected; a resident therein for at least one (1) year immediately
preceding the day of the election; and able to read and write Filipino or any other local language or dialect.   aisa dc
(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-one (21) years of age on
election day.
(c)        Candidates for the position of mayor or vice-mayor of independent component cities, component cities, or municipalities
must be at least twenty-one (21) years of age on election day.
(d)        Candidates for the position of member of the sangguniang panlungsod or sangguniang bayan must be at least eighteen
(18) years of age on election day.
(e)        Candidates for the position of punong barangay or member of the sangguniang barangay must be at least eighteen (18)
years of age on election day.
(f)        Candidates for the sangguniang kabataan must be at least fifteen (15) years of age but not more than twenty-one (21)
years of age on election day.   cdasia
SECTION 40.        Disqualifications. — The following persons are disqualified from running for any elective local position:
(a)        Those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one (1) year
or more of imprisonment, within two (2) years after serving sentence;
(b)        Those removed from office as a result of an administrative case;
(c)        Those convicted by final judgment for violating the oath of allegiance to the Republic;   cdasia
(d)        Those with dual citizenship;
(e)        Fugitives from justice in criminal or non-political cases here or abroad;
(f)        Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of
the same right after the effectivity of this Code; and
(g)        The insane or feeble-minded.
SECTION 41.        Manner of Election. — (a) The governor, vice-governor, city mayor, city vice-mayor, municipal mayor,
municipal vice-mayor, and punong barangay shall be elected at large in their respective units by the qualified voters therein.
However, the sangguniang kabataan chairman for each barangay shall be elected by the registered voters of the katipunan ng
kabataan, as provided in this Code.   casia
(b)        The regular members of the sangguniang panlalawigan, sangguniang panlungsod, and sangguniang bayan shall be elected
by district, as may be provided for by law. Sangguniang barangay members shall be elected at large. The presidents of the leagues
of sanggunian members of component cities and municipalities shall serve as ex officio members of the sangguniang panlalawigan
concerned. The presidents of the "liga ng mga barangay and the pederasyon ng mga sangguniang kabataan" elected by their
respective chapters, as provided in this Code, shall serve as ex officio members of the sangguniang panlalawigan, sangguniang
panlungsod, and sangguniang bayan.    IHaSED
(c)        In addition thereto, there shall be one (1) sectoral representative from the women, one (1) from the workers, and one (1)
from any of the following sectors: the urban poor, indigenous cultural communities, disabled persons, or any other sector as may
be determined by the sanggunian concerned within ninety (90) days prior to the holding of the next local elections as may be
provided for by law. The COMELEC shall promulgate the rules and regulations to effectively provide for the election of such
sectoral representatives.   cdt
SECTION 42.        Date of Election. — Unless otherwise provided by law, the elections for local officials shall be held every
three (3) years on the second Monday of May.
SECTION 43.        Term of Office. — (a) The term of office of all local elective officials elected after the effectivity of this Code
shall be three (3) years, starting from noon of June 30, 1992 or such date as may be provided for by law, except that of elective
barangay officials: Provided, That all local officials first elected during the local elections immediately following the ratification of
the 1987 Constitution shall serve until noon of June 30, 1992.   cda
(b)        No local elective official shall serve for more than three (3) consecutive terms in the same position. Voluntary
renunciation of the office for any length of time shall not be considered as an interruption in the continuity of service for the full
term for which the elective official concerned was elected.
(c)        The term of office of barangay officials and members of the sangguniang kabataan shall be for three (3) years, which
shall begin after the regular election of barangay officials on the second Monday of May 1994.
CHAPTER II
Vacancies and Succession
SECTION 44.        Permanent Vacancies in the Offices of the Governor, Vice-Governor, Mayor, and Vice-Mayor. — If a
permanent vacancy occurs in the office of the governor or mayor, the vice-governor or vice-mayor concerned shall become the
governor or mayor. If a permanent vacancy occurs in the offices of the governor, vice-governor, mayor, or vice-mayor, the
highest ranking sanggunian member or, in case of his permanent inability, the second highest ranking sanggunian member, shall
become the governor, vice-governor, mayor or vice-mayor, as the case may be. Subsequent vacancies in the said office shall be
filled automatically by the other sanggunian members according to their ranking as defined herein.   cdtai
(b)        If a permanent vacancy occurs in the office of the punong barangay, the highest ranking sanggunian barangay member
or, in case of his permanent inability, the second highest ranking sanggunian member, shall become the punong barangay.
(c)        A tie between or among the highest ranking sanggunian members shall be resolved by the drawing of lots.
(d)        The successors as defined herein shall serve only the unexpired terms of their predecessors.   cd i
For purposes of this Chapter, a permanent vacancy arises when an elective local official fills a higher vacant office, refuses to
assume office, fails to qualify, dies, is removed from office, voluntarily resigns, or is otherwise permanently incapacitated to
discharge the functions of his office.
For purposes of succession as provided in the Chapter, ranking in the sanggunian shall be determined on the basis of the
proportion of votes obtained by each winning candidate to the total number of registered voters in each district in the immediately
preceding local election.
SECTION 45.        Permanent Vacancies in the Sanggunian. — (a) Permanent vacancies in the sanggunian where automatic
succession provided above do not apply shall be filled by appointment in the following manner:   cda
(1)        The President, through the Executive Secretary, in the case of the sangguniang panlalawigan and the sangguniang
panlungsod of highly urbanized cities and independent component cities;
(2)        The governor, in the case of the sangguniang panlungsod of component cities and the sangguniang bayan;
(3)        The city or municipal mayor, in the case of sangguniang barangay, upon recommendation of the sangguniang barangay
concerned.
(b)        Except for the sangguniang barangay, only the nominee of the political party under which the sanggunian member
concerned had been elected and whose elevation to the position next higher in rank created the last vacancy in the sanggunian
shall be appointed in the manner hereinabove provided. The appointee shall come from the same political party as that of the
sanggunian member who caused the vacancy and shall serve the unexpired term of the vacant office. In the appointment herein
mentioned, a nomination and a certificate of membership of the appointee from the highest official of the political party concerned
are conditions sine qua non, and any appointment without such nomination and certification shall be null and void ab initio and
shall be a ground for administrative action against the official responsible therefore.
(c)        In case or permanent vacancy is caused by a sanggunian member who does not belong to any political party, the local
chief executive shall, upon recommendation of the sanggunian concerned, appoint a qualified person to fill the vacancy.
(d)        In case of vacancy in the representation of the youth and the barangay in the sanggunian, said vacancy shall be filled
automatically by the official next in rank of the organization concerned.