PROPOSED REVISION OF THE LOCAL GOVERNMENT CODE
PART I. Delineation of national and local government functions
The comprehensive delineation of functions of the national and local governments promotes
consistency in the enforcement of government policy, by avoiding the overlap of jurisdiction by
separate government bodies over the same subject matter. Furthermore, it promotes the efficient use of
government resources, by avoiding the duplication of functions. Finally, it promotes the speedy
implementation of government programs and projects, by avoiding delays caused by conflicts of
jurisdiction. The delineation seeks to promote local government autonomy in the proper cases, subject
however to national government supremacy, in case of conflict between the local interest and the
national interest.
REPUBLIC ACT NO. 7160, AS AMENDED, SEC. 2. Declaration of Policy.- … (D) DEVOLVED
LOCAL AUTONOMY SHALL IN ALL CASES BE SUBJECT TO THE PRINCIPLE OF
SUPREMACY OF THE NATIONAL GOVERNMENT OVER THE LOCAL GOVERNMENT,
CONSISTENT WITH THE UNITARY SYSTEM OF GOVERNMENT OF THE STATE. LOCAL
AUTONOMY SHALL NOT BE CONSTRUED TO EMPOWER LOCAL GOVERNMENT UNITS
TO OBSTRUCT OR DISRUPT THE FORMULATION OR IMPLEMENTATION OF NATIONAL
GOVERNMENT POLICIES, PROGRAMS OR PROJECTS.
REPUBLIC ACT NO. 7160, AS AMENDED, SEC. 3. Operative Principles of Decentralization.- …
(N) DEVOLVED LOCAL AUTONOMY SHALL NOT BE CONSTRUED TO EMPOWER LOCAL
GOVERNMENT UNITS TO AUTHORIZE ACTS OR OMISSIONS EXPRESSLY PROHIBITED BY
THE NATIONAL GOVERNMENT, NOR TO PROHIBIT ACTS OR OMISSIONS EXPRESSLY
AUTHORIZED BY THE NATIONAL GOVERNMENT.
(O) DEVOLVED LOCAL AUTONOMY SHALL NOT BE CONSTRUED TO EMPOWER LOCAL
GOVERNMENT UNITS TO OBSTRUCT OR DISRUPT, OR CAUSE THE OBSTRUCTION OR
DISRUPTION, OF THE FORMULATION OR IMPLEMENTATION OF NATIONAL
GOVERNMENT POLICIES, PROGRAMS OR PROJECTS, BY DIRECT OR INDIRECT
MEASURES, SUCH AS THE ENACTMENT OF ORDINANCES, ISSUANCE OF EXECUTIVE
ORDERS, OR WITHHOLDING OF PERMITS, LICENSES OR CLEARANCES
NOTWITHSTANDING COMPLIANCE WITH THE APPLICABLE REQUIREMENTS.
(P) IN CASE OF CONFLICT BETWEEN NATIONAL GOVERNMENT STANDARDS AND
LOCAL GOVERNMENT STANDARDS, THE FORMER SHALL PREVAIL OVER THE LATTER,
FOR PURPOSES OF THE ISSUANCE OF PERMITS, LICENSES OR CLEARANCES BY LOCAL
GOVERNMENT UNITS, IN CONNECTION WITH THE IMPLEMENTATION OF PROGRAMS OR
PROJECTS ADOPTED, CONDUCTED OR AUTHORIZED BY THE NATIONAL GOVERNMENT.
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REPUBLIC ACT NO. 7160, AS AMENDED, SEC. 17A. Basic Services and Facilities; Public
Roads.- THE MASTER PLAN, DESIGN, CONSTRUCTION AND MAINTENANCE OF
NATIONAL ROADS AND BRIDGES SHALL BE THE RESPONSIBILITY OF THE NATIONAL
GOVERNMENT ACTING THROUGH ITS IMPLEMENTING AGENCY. THE MASTER PLAN,
DESIGN, CONSTRUCTION AND MAINTENANCE OF CITY, MUNICIPAL, PROVINCIAL,
METROPOLITAN AND BARANGAY ROADS AND BRIDGES, SHALL BE THE
RESPONSIBILITY OF THE CITY, MUNICIPAL, PROVINCIAL, METROPOLITAN AND
BARANGAY GOVERNMENTS RESPECTIVELY, PROVIDED THAT THE MASTER PLAN AND
DESIGN OF LOCAL ROADS AND BRIDGES SHALL IN ALL CASES BE CONSISTENT WITH
THE MASTER PLAN AND DESIGN OF NATIONAL ROADS AND BRIDGES. IN CASE OF
IRRECONCILABLE INCONSISTENCY, THE NATIONAL GOVERNMENT THROUGH ITS
IMPLEMENTING AGENCY SHALL BE EMPOWERED TO SUSPEND OR ENJOIN ON
TEMPORARY OR PERMANENT BASIS THE IMPLEMENTATION BY THE LOCAL
GOVERNMENT CONCERNED OF THE LOCAL MASTER PLAN AND DESIGN.
THE MANAGEMENT OF TRAFFIC IN NATIONAL ROADS AND BRIDGES SHALL BE THE
RESPONSIBILITY OF THE NATIONAL GOVERNMENT ACTING THROUGH ITS
IMPLEMENTING AGENCY, WHILE THE MANAGEMENT OF TRAFFIC IN CITY, MUNICIPAL,
PROVINCIAL, METROPOLITAN AND BARANGAY ROADS AND BRIDGES, SHALL BE THE
RESPONSIBILITY OF THE CITY, MUNICIPAL, PROVINCIAL, METROPOLITAN AND
BARANGAY GOVERNMENTS RESPECTIVELY. IF IN ANY CASE THE TRAFFIC IN LOCAL
ROADS AND BRIDGES AFFECT THE TRAFFIC IN NATIONAL ROADS AND BRIDGES, THE
NATIONAL GOVERNMENT THROUGH ITS IMPLEMENTING AGENCY SHALL BE
EMPOWERED TO ASSUME ON TEMPORARY OR PERMANENT BASIS, THE MANAGEMENT
OF TRAFFIC IN THE LOCAL ROADS AND BRIDGES CONCERNED UPON WRITTEN NOTICE
TO THE LOCAL CHIEF EXECUTIVE.
THE NATIONAL GOVERNMENT THROUGH ITS IMPLEMENTING AGENCY MAY IN THE
NATIONAL INTEREST DEVOLVE TO THE LOCAL GOVERNMENT, SUBJECT TO
ACCEPTANCE BY THE LOCAL GOVERNMENT COUNCIL CONCERNED, THE
RESPONSILITY TO CONSTRUCT AND MAINTAIN NATIONAL ROADS AND BRIDGES. NO
DEVOLUTION MADE AND ACCEPTED SHALL BE IRREVOCABLE. THE DEVOLUTION OF
THE RESPONSIBILITY TO CONSTRUCT AND MAINTAIN NATIONAL ROADS AND BRIDGES
MAY IN THE NATIONAL INTEREST BE SUSPENDED OR REVOKED AT ANY TIME BY THE
NATIONAL GOVERNMENT THROUGH ITS IMPLEMENTING AGENCY.
THE NATIONAL GOVERNMENT THROUGH ITS IMPLEMENTING AGENCY MAY IN THE
NATIONAL INTEREST DEVOLVE TO THE LOCAL GOVERNMENT, SUBJECT TO
ACCEPTANCE BY THE LOCAL GOVERNMENT COUNCIL CONCERNED, THE
RESPONSIBILITY TO MANAGE TRAFFIC IN NATIONAL ROADS AND BRIDGES. NO
DEVOLUTION MADE AND ACCEPTED SHALL BE IRREVOCABLE. THE DEVOLUTION OF
THE RESPONSIBILITY TO MANAGE TRAFFIC IN NATIONAL ROADS AND BRIDGES MAY IN
THE NATIONAL INTEREST BE SUSPENDED OR REVOKED AT ANY TIME BY THE
NATIONAL GOVERNMENT THROUGH ITS IMPLEMENTING AGENCY.
THE NATIONAL GOVERNMENT THROUGH ITS IMPLEMENTING AGENCY SHALL BE
EMPOWERED TO CLASSIFY ROADS AND HIGHWAYS INTO NATIONAL, CITY, MUNICIPAL,
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PROVINCIAL, METROPOLITAN AND BARANGAY ROADS AND HIGHWAYS, BASED ON
OBJECTIVE CRITERIA, AND PROVIDE OR AUTHORIZE THE CONVERSION OF ROADS AND
HIGHWAYS FROM ONE CATEGORY TO ANOTHER.1
1
Administrative Code of 1987, Exec. Order No. 292, Title V, Sec. 3(9).
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PART II. Consolidation of local government powers in cities and municipalities
The consolidation of local government powers in cities and municipalities promotes the efficient use of
government resources, by avoiding the overlap of jurisdiction by separate government subdivisions
over the same local territory. Notably, the cities and municipalities collectively, cover the entire
national territory without any overlap of territorial jurisdiction.
Furthermore, the municipal and city governments constitute the basic government structure in present
day human settlements. While barangays were the dominant human settlements throughout the
archipelago up to the 15th century, these smaller size settlements have since given way to larger
developments in the mold of municipalities and cities.
Compared to the provincial governments, the municipal and city governments are closer to the people
in present day municipalities and cities. Compared to the barangay governments, the municipal and
city governments are more capable and better equipped to promote the general welfare, deliver basic
services, and enforce peace and order throughout the entire municipality of city.
ALTERNATE SECTION 17 ON BASIC SERVICES:
REPUBLIC ACT NO. 7160, AS AMENDED, SEC. 17. Basic Services and Facilities.- ... (B) SUCH
BASIC SERVICES AND FACILITIES FOR THE PROVINCES, CITIES, MUNICIPALITIES AND
BARANGAYS, SHALL TO THE EXTENT APPLICABLE, INCLUDE BUT NOT BE LIMITED TO
THOSE UNDER (1)(i)-(1)(viii), (2)(i)-(2)(xii), (3)(i)-(3)(xii), AND (4)(i)-(4)(j). SPECIFIC
REFERENCES TO THE BARANGAY, MUNICIPALITY, PROVINCE AND CITY UNDER 17(B)(1),
17(B)(2), 17(B)(3), AND 17(B)(4) RESPECTIVELY ARE DELETED.
EACH CITY AND MUNICIPALITY MAY BY ORDINANCE APPROVED BY A MAJORITY OF
ALL THE MEMBERS OF ITS SANGGUNIAN, LIMIT THE POWER OF ITS COMPONENT
BARANGAYS TO PROVIDE BASIC SERVICES AND FACILITIES, TO PROMOTE LOCAL
INTEREST, OR TO AVOID THE DUPLICATION OF FUNCTIONS OR CONFLICT OF
JURISDICTION.
EACH CITY AND MUNICIPALITY MAY BY ORDINANCE APPROVED BY A MAJORITY OF
ALL THE MEMBERS OF ITS SANGGUNIAN, LIMIT THE POWER OF ITS MOTHER
PROVINCE OR METROPOLITAN SUBDVISION IF ANY, TO PROVIDE BASIC SERVICES AND
FACILITIES IN THE CITY OR MUNICIPALITY, TO PROMOTE LOCAL INTEREST, OR TO
AVOID THE DUPLICATION OF FUNCTIONS OR CONFLICT OF JURISDICTION.
ANY LIMITATION OF THE POWER OF THE COMPONENT BARANGAYS OR MOTHER
PROVINCE OR METROPOLITAN SUBDIVISION IF ANY, TO PROVIDE BASIC SERVICES AND
FACILITIES, MAY IN THE LOCAL INTEREST BE WITHDRAWN BY THE CITY OR
MUNICIPALITY BY MAJORITY VOTE OF ALL THE MEMBERS OF THE CITY OR MUNICIPAL
SANGGUNIAN CONCERNED.
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ALTERNATE SECTION 17 ON BASIC SERVICES:
REPUBLIC ACT NO. 7160, AS AMENDED, SEC. 17. Basic Services and Facilities.- ... (B) SUCH
BASIC SERVICES AND FACILITIES FOR THE CITIES AND MUNICIPALITIES, SHALL TO THE
EXTENT APPLICABLE, INCLUDE BUT NOT BE LIMITED TO THOSE UNDER (1)(i)-(1)(viii),
(2)(i)-(2)(xii), (3)(i)-(3)(xii), AND (4)(i)-(4)(j). SPECIFIC REFERENCES TO THE BARANGAY,
MUNICIPALITY, PROVINCE AND CITY UNDER 17(B)(1), 17(B)(2), 17(B)(3), AND 17(B)(4)
RESPECTIVELY ARE DELETED.
EACH CITY AND MUNICIPALITY MAY BY ORDINANCE APPROVED BY A MAJORITY OF
ALL THE MEMBERS OF ITS SANGGUNIAN, DEVOLVE TO ITS COMPONENT BARANGAYS
THE POWER TO PROVIDE BASIC SERVICES AND FACILITIES WITHIN THE RESPECTIVE
BARANGAYS, TO PROMOTE LOCAL INTEREST.
EACH CITY AND MUNICIPALITY MAY BY ORDINANCE APPROVED BY A MAJORITY OF
ALL THE MEMBERS OF ITS SANGGUNIAN, DEVOLVE TO ITS MOTHER PROVINCE OR
METROPOLITAN SUBDIVISION IF ANY, THE POWER TO PROVIDE BASIC SERVICES
WITHIN THE CITY OR MUNICIPALITY, TO PROMOTE LOCAL INTEREST.
THE POWER TO PROVIDE BASIC SERVICES AND FACILITIES DEVOLVED TO COMPONENT
BARANGAYS OR MOTHER PROVINCE OR METROPOLITAN SUBDIVISION IF ANY, MAY BE
WITHDRAWN BY THE CITY OR MUNICIPALITY BY MAJORITY VOTE OF ALL THE
MEMBERS OF THE CITY OR MUNICIPAL SANGGUNIAN CONCERNED, TO PROMOTE
LOCAL INTEREST, OR TO AVOID THE DUPLICATION OF FUNCTIONS OR CONFLICT OF
JURISDICTION.
REPUBLIC ACT NO. 7160, AS AMENDED, SEC. 48. Local Legislative Power.- LOCAL
LEGISLATIVE POWER SHALL BE EXERCISED BY THE SANGGUNIANG PANGLUNGSOD FOR
THE CITY, AND THE SANGGUNIANG BAYAN FOR THE MUNICIPALITY.
LOCAL LEGISLATIVE POWER SHALL ALSO BE EXERCISED BY THE SANGGUNIANG
PANLALAWIGAN FOR THE PROVINCE, SANGGUNIANG BARANGAY FOR THE BARANGAY,
AND SANGGUNIANG METROPOLITAN FOR THE METROPOLITAN SUBDIVISION IF ANY,
SUBJECT TO THE LIMITATIONS ON THE LEGISLATIVE POWER OF THE SAID POLITICAL
SUBDIVISIONS UNDER THIS CODE, INCLUDING BUT NOT LIMITED TO THE LIMITATIONS
THAT MAY BE IMPOSED BY THE CITY OR MUNICIPALITY CONCERNED.
REPUBLIC ACT NO. 7160, AS AMENDED, SEC. 48A. Local Legislative Power; Franchises;
Land Transportation.- SUBJECT TO THE GUIDELINES AND IMPLEMENTING RULES AND
REGULATIONS ISSUED IN THE NATIONAL INTEREST BY THE IMPLEMENTING AGENCY
OF THE NATIONAL GOVERNMENT, THE CITY COUNCIL AND MUNICIPAL COUNCIL
RESPECTIVELY SHALL IN THE LOCAL INTEREST BE EMPOWERED TO REGULATE OR
RESTRICT, AUTHORIZE, LIMIT, PROHIBIT ON TEMPORARY OR PERMANENT BASIS,THE
OPERATION OF PUBLIC UTILITY MOTORCYCLES, SCOOTERS AND MINI-VANS OR MINITRUCKS, AND GRANT FRANCHISES FOR THE OPERATION THEREOF WITHIN THE
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TERRITORIAL JURISDICTION OF THE CITY AND MUNICIPALITY CONCERNED. UNLESS
OTHERWISE PROVIDED BY GOVERNMENT REGULATIONS, MOTORCYCLES AND
SCOOTERS SHALL BE OF TWO, THREE OR FOUR WHEELS, AND MINI-VANS OR MINITRUCKS SHALL BE PASSENGER VEHICLES WITH CARRYING CAPACITY OF NOT MORE
THAN SEVEN (7) PASSENGERS EXCLUDING THE OPERATOR.
ANY FRANCHISE APPROVED BY THE CITY COUNCIL OR MUNICIPAL COUNCIL SHALL
INCLUDE WITHIN ITS COVERAGE ONLY LOCAL GOVERNMENT ROADS, AND SHALL
EXCLUDE NATIONAL GOVERNMENT ROADS EXCEPT TO CROSS SUCH ROADS AT
INTERSECTIONS. NO LOCAL FRANCHISE SHALL BE ISSUED ALLOWING THE
FRANCHISED VEHICLE TO TRAVERSE NATIONAL ROADS, EXCEPT TO CROSS SUCH
ROADS AT INTERSECTIONS.
REGULATIONS ISSUED BY THE NATIONAL GOVERNMENT OR THE CITY GOVERNMENT
OR MUNICIPAL GOVERNMENT CONCERNED MAY PRESCRIBE COMPLIANCE WITH
MANUFACTURER'S SPECIFICATIONS ON BODY SIZE AND MAXIMUM LOAD, AS WELL AS
CAPACITY TO COMPLY WITH MINIMUM AND MAXIMUM SPEEDS AS MAY BE
APPLICABLE, AMONG OTHER ASPECTS OF VEHICLE OPERATION TO PROMOTE SPEEDY
BUT SAFE TRANSPORTATION. NO REGULATION SHALL BE ISSUED ALLOWING MORE
PASSENGERS OR MORE FREIGHT OR CARGO IN THE VEHICLE THAN ITS REGISTERED
CARRYING CAPACITY.
REPUBLIC ACT NO. 7160, AS AMENDED, SEC. 48B. Local Legislative Power; Franchises;
Water Transportation.- SUBJECT TO THE GUIDELINES AND IMPLEMENTING RULES AND
REGULATIONS ISSUED IN THE NATIONAL INTEREST BY THE IMPLEMENTING AGENCY
OF THE NATIONAL GOVERNMENT, THE CITY COUNCIL AND MUNICIPAL COUNCIL
RESPECTIVELY SHALL IN THE LOCAL INTEREST BE EMPOWERED TO REGULATE OR
RESTRICT, AUTHORIZE, LIMIT, PROHIBIT ON TEMPORARY OR PERMANENT BASIS,THE
OPERATION OF PUBLIC UTILITY BOATS, OUTRIGGER BOATS, CATAMARANS, AND
TRIMARANS, AND GRANT FRANCHISES FOR THE OPERATION THEREOF WITHIN THE
MUNICIPAL WATERS OF THE CITY AND MUNICIPALITY CONCERNED. UNLESS
OTHERWISE PROVIDED BY GOVERNMENT REGULATIONS, BOATS SHALL REFER TO
WATER VESSELS WITH CARRYING CAPACITY OF NOT MORE THAN SEVEN (7)
PASSENGERS EXCLUDING THE OPERATOR.
REGULATIONS ISSUED BY THE NATIONAL GOVERNMENT OR THE CITY GOVERNMENT
OR MUNICIPAL GOVERNMENT CONCERNED MAY PRESCRIBE COMPLIANCE WITH
MANUFACTURER'S SPECIFICATIONS ON BODY SIZE AND MAXIMUM LOAD, AS WELL AS
CAPACITY TO COMPLY WITH MINIMUM AND MAXIMUM SPEEDS AS MAY BE
APPLICABLE, AMONG OTHER ASPECTS OF VEHICLE OPERATION TO PROMOTE SPEEDY
BUT SAFE TRANSPORTATION. NO REGULATION SHALL BE ISSUED ALLOWING MORE
PASSENGERS OR MORE FREIGHT OR CARGO IN THE VEHICLE THAN ITS REGISTERED
CARRYING CAPACITY.
REPUBLIC ACT NO. 7160, AS AMENDED, SEC. 48C. Local Legislative Power; Franchises;
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Community Radio.- SUBJECT TO THE GUIDELINES AND IMPLEMENTING RULES AND
REGULATIONS ISSUED IN THE NATIONAL INTEREST BY THE IMPLEMENTING AGENCY
OF THE NATIONAL GOVERNMENT, THE CITY COUNCIL AND MUNICIPAL COUNCIL
RESPECTIVELY SHALL IN THE LOCAL INTEREST BE EMPOWERED TO REGULATE OR
RESTRICT, AUTHORIZE, LIMIT, PROHIBIT ON TEMPORARY OR PERMANENT BASIS,THE
OPERATION OF PUBLIC UTILITY COMMUNITY RADIOS, AND GRANT FRANCHISES FOR
THE OPERATION THEREOF WITHIN THE TERRITORIAL JURISDICTION OF THE CITY AND
MUNICIPALITY CONCERNED. UNLESS OTHERWISE PROVIDED BY GOVERNMENT
REGULATIONS, MUNICIPAL RADIO STATIONS SHALL HAVE A MAXIMUM RANGE OF TEN
(10) KILOMETERS, WITH TRANSMITTERS HAVING A MAXIMUM EFFECTIVE RADIATED
POWER (ERP) OF 100 WATTS UNLESS THE TERRAIN WARRANTS A HIGHER ERP TO
COVER THE MAXIMUM RANGE, AND ANTENNA WITH MAXIMUM HEIGHT OF THIRTY
(30) METERS AND MINIMUM HEIGHT OF FIFTEEN (15) METERS.2
REPUBLIC ACT NO. 7160, AS AMENDED, SEC. 129. Power to Create Sources of Revenue.EACH CITY AND MUNICIPALITY SHALL EXERCISE ITS POWER TO CREATE ITS OWN
SOURCES OF REVENUE AND TO LEVY TAXES, FEES, AND CHARGES SUBJECT TO THE
PROVISIONS HEREIN, CONSISTENT WITH THE BASIC POLICY OF LOCAL AUTONOMY.
EACH CITY AND MUNICIPALITY MAY BY ORDINANCE APPROVED BY A MAJORITY OF
ALL THE MEMBERS OF ITS SANGGUNIAN, DEVOLVE TO ITS COMPONENT BARANGAYS
THE POWER TO LEVY TAXES, FEES AND CHARGES OVER ACTIVITIES CONDUCTED
AND/OR PROPERTIES LOCATED WITHIN THE RESPECTIVE BARANGAYS, TO PROMOTE
LOCAL INTEREST.
EACH CITY AND MUNICIPALITY MAY BY ORDINANCE APPROVED BY A MAJORITY OF
ALL THE MEMBERS OF ITS SANGGUNIAN, DEVOLVE TO ITS MOTHER PROVINCE OR
METROPOLITAN SUBDVISION IF ANY, THE POWER TO LEVY TAXES, FEES AND CHARGES
OVER ACTIVITIES CONDUCTED AND/OR PROPERTIES LOCATED WITHIN THE CITY OR
MUNICIPALITY, TO PROMOTE LOCAL INTEREST.
UPON DEVOLUTION OF THE POWER TO LEVY TAXES, FEES AND CHARGES, THE CITY OR
MUNICIPALITY SHALL IPSO FACTO LOSE THE POWER TO LEVY SUCH TAXES, FEES AND
CHARGES SIMILAR TO THOSE DEVOLVED, IN ORDER TO AVOID DOUBLE TAXATION OR
REGULATION.
THE POWER TO LEVY TAXES DEVOLVED TO BARANGAYS OR PROVINCES MAY IN THE
LOCAL INTEREST BE REVERTED BACK TO THE CITY OR MUNICIPALITY BY MAJORITY
VOTE OF ALL THE MEMBERS OF THE CITY OR MUNICIPAL SANGGUNIAN CONCERNED.
REPUBLIC ACT NO. 7160, AS AMENDED, SEC. 129A. Distribution of Proceeds.- THE
PROCEEDS OF TAXES, FEES AND CHARGED LEVIED BY THE CITY OR MUNICIPALITY
SHALL BE DISTRIBUTED AS FOLLOWS:
2
See Community Radio Stations in India. http://edaa.in/Transmission_%20Power.php.
7
(A) TWENTY FIVE PERCENT (25%) SHALL ACCRUE TO THE GENERAL FUND OF THE
MOTHER PROVINCE, OR METROPOLITAN SUBDIVISION IF ANY;
(B) FIFTY PERCENT (50%) SHALL ACCRUE TO THE GENERAL FUND OF THE CITY OR
MUNICIPALITY; IF A CITY OR MUNICIPALITY IS NOT UNDER ANY MOTHER PROVINCE
OR METROPOLITAN SUBDIVISION, THE ALLOTMENT FOR THE LATTER SHALL ALSO
ACCRUE TO THE CITY OR MUNICIPALITY CONCERNED;
(C) TWENTY FIVE PERCENT (25%) SHALL ACCRUE TO THE GENERAL FUND OF THE
COMPONENT BARANGAYS.
THE SHARE OF EACH COMPONENT BARANGAY SHALL BE DETERMINED ON THE BASIS
OF THE FOLLOWING FORMULA:
(i) FIFTY PERCENT (50%) BASED ON POPULATION;
(ii) TWENTY-FIVE PERCENT (25%) BASED ON LAND AREA;
(iii) TWENTY-FIVE PERCENT (25%) BASED ON EQUAL SHARING.
(D) THE SHARE OF THE PROVINCE, OR METROPOLITAN SUBDIVISION IF ANY, AND OF
EACH BARANGAY SHALL BE RELEASED, WITHOUT NEED OF ANY FURTHER ACTION,
DIRECTLY TO THE PROVINCIAL OR METROPOLITAN AND BARANGAY TREASURER, ON A
QUARTERLY BASIS WITHIN FIVE (5) DAYS AFTER THE END OF EACH QUARTER, AND
SHALL NOT BE SUBJECT TO ANY LIEN OR HOLDBACK FOR WHATEVER PURPOSE.
REPUBLIC ACT NO. 7160, AS AMENDED, SEC. 130A. Fundamental Principles; Natural
Resources.- ... THE EXPLOITATION OR DEVELOPMENT OF NATURAL RESOURCES,
INCLUDING BUT NOT LIMITED TO THE EXTRACTION OF ORDINARY STONES, SAND,
GRAVEL, EARTH AND OTHER QUARRY RESOURCES UNDER SEC. 138, AND TO FISHING
AND OTHER FISHERY ACTIVITIES IN MUNICIPAL WATERS AND OPERATION OF FISHING
VESSELS UNDER SEC. 149, SHALL BE SUBJECT TO THE GUIDELINES AND
IMPLEMENTING RULES AND REGULATIONS ISSUED IN THE NATIONAL INTEREST BY
THE IMPLEMENTING AGENCY OF THE NATIONAL GOVERNMENT. THE IMPLEMENTING
AGENCY OF THE NATIONAL GOVERNMENT SHALL IN THE NATIONAL INTEREST BE
EMPOWERED TO REGULATE OR RESTRICT, AUTHORIZE, LIMIT, PROHIBIT ON
TEMPORARY OR PERMANENT BASIS, THE EXPLOITATION OR DEVELOPMENT OF
NATURAL RESOURCES, IN AREAS UNDER THE TERRITORIAL JURISDICTION OF THE
LOCAL GOVERNMENT UNITS.
REPUBLIC ACT NO. 7160, AS AMENDED, SEC. 134. Scope of Taxing Powers.- EACH CITY
AND MUNICIPALITY SHALL BE EMPOWERED TO LEVY TAXES, FEES AND CHARGES
UNDER SECS. 135 (TAX ON TRANSFER OF REAL PROPERTY), 136 (TAX ON PRINTING AND
PUBLICATION BUSINESS), 137 (FRANCHISE TAX), 138 (TAX ON SAND AND GRAVEL), 139
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(PROFESSIONAL TAX), 140 (AMUSEMENT TAX), 141 (TAX ON TRUCKS), 143 (TAX ON
BUSINESS), 147 (FEES AND CHARGES), 148 (FEES FOR WEIGHTS AND MEASURES), 149
(FISHERY RENTALS), 152 (TAX ON STORES OR RETAILERS), AND 156 (COMMUNITY TAX).
A CITY OR MUNICIPALITY SHALL NOT IMPOSE TAXES, FEES AND CHARGES IN EXCESS
OF THE MAXIMUM RATES FIXED UNDER THE CITED SECTIONS.
PROVINCES, METROPOLITAN SUBDIVISIONS IF ANY, AND BARANGAYS SHALL NOT BE
EMPOWERED TO LEVY TAXES, FEES AND CHARGES, EXCEPT THOSE DEVOLVED TO THE
SAID LOCAL GOVERNMENT UNITS BY THE CITIES OR MUNICIPALITIES CONCERNED
UNDER THIS CODE, IN ORDER TO AVOID DOUBLE TAXATION OR REGULATION.
SECTIONS 135, 142, 151 AND 152 SHALL BE AMENDED ACCORDINGLY.
REPUBLIC ACT NO. 7160, AS AMENDED, SEC. 232. Power to Levy Real Property Tax.- A CITY
OR MUNICIPALITY MAY LEVY AN ANNUAL AD VALOREM TAX ON REAL PROPERTY SUCH
AS LAND, BUILDING, MACHINERY, AND OTHER IMPROVEMENT NOT HEREINAFTER
SPECIFICALLY EXEMPTED.
THE MOTHER PROVINCE OR METROPOLITAN SUBDIVISION IF ANY, AND THE
COMPONENT BARANGAYS, SHALL NOT BE EMPOWERED TO LEVY A SIMILAR TAX, IN
ORDER TO AVOID DOUBLE TAXATION.
SEC. 233. Rates of Levy.- A CITY OR MUNICIPALITY SHALL FIX A UNIFORM RATE OF BASIC
REAL PROPERTY TAX APPLICABLE TO THEIR RESPECTIVE LOCALITIES AT THE RATE
NOT EXCEEDING ONE PERCENT (1%) OF THE ASSESSED VALUE REAL PROPERTY.
SECS. 235, 236, 238 AND 239 SHALL BE AMENDED BE RETAINING REFERENCES TO THE
CITY OR MUNICIPALITY AND DELETING REFERENCES TO THE PROVINCE.
REPUBLIC ACT NO. 7160, AS AMENDED, SEC. 271. Distribution of Proceeds.- THE
PROCEEDS OF THE BASIC REAL PROPERTY TAX, INCLUDING INTEREST THEREON, AND
THE PROCEEDS FROM THE USE, LEASE OR DISPOSITION, SALE OR REDEMPTION OF
PROPERTY ACQUIRED AT A PUBLIC AUCTION, IN ACCORDANCE WITH THE PROVISIONS
OF THIS TITLE, BY THE CITY OR MUNICIPALITY SHALL BE DISTRIBUTED AS FOLLOWS:
(A) TWENTY FIVE PERCENT (25%) SHALL ACCRUE TO THE GENERAL FUND OF THE
MOTHER PROVINCE, OR METROPOLITAN SUBDIVISION IF ANY;
(B) FIFTY PERCENT (50%) SHALL ACCRUE TO THE GENERAL FUND OF THE CITY OR
MUNICIPALITY; IF A CITY OR MUNICIPALITY IS NOT UNDER ANY PROVINCE OR
METROPOLITAN SUBDIVISION, THE ALLOTMENT FOR THE LATTER SHALL ALSO
ACCRUE TO THE CITY OR MUNICIPALITY CONCERNED;
(C) TWENTY FIVE PERCENT (25%) SHALL ACCRUE TO THE GENERAL FUND OF THE
BARANGAYS; FIFTY PERCENT (50%) OF THE BARANGAY PROCEEDS SHALL ACCRUE TO
THE BARANGAY WHERE THE PROPERTY IS LOCATED; THE OTHER FIFTY PERCENT (50%)
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OF THE BARANGAY PROCEEDS SHALL BE ACCRUE EQUALLY TO ALL OTHER
COMPONENT BARANGAYS OF THE CITY OR MUNICIPALITY.
(D) THE SHARE OF THE PROVINCE, OR METROPOLITAN SUBDIVISION IF ANY, AND OF
EACH BARANGAY SHALL BE RELEASED, WITHOUT NEED OF ANY FURTHER ACTION,
DIRECTLY TO THE PROVINCIAL OR METROPOLITAN AND BARANGAY TREASURER, ON A
QUARTERLY BASIS WITHIN FIVE (5) DAYS AFTER THE END OF EACH QUARTER, AND
SHALL NOT BE SUBJECT TO ANY LIEN OR HOLDBACK FOR WHATEVER PURPOSE.
REPUBLIC ACT NO. 7160, AS AMENDED, SEC. 285. Allocation to Local Government Units.THE SHARE OF LOCAL GOVERNMENT UNITS IN THE INTERNAL REVENUE ALLOTMENTS
SHALL BE ALLOCATED IN THE FOLLOWING MANNER:
(A) TWENTY FIVE PERCENT (25%) SHALL ACCRUE TO THE PROVINCES, AND
METROPOLITAN SUBDIVISIONS IF ANY;
(B) FIFTY PERCENT (50%) SHALL ACCRUE TO THE CITIES AND MUNICIPALITIES; IF A
CITY OR MUNICIPALITY IS NOT UNDER ANY PROVINCE OR METROPOLITAN
SUBDIVISION, THE ALLOTMENT FOR THE LATTER SHALL ALSO ACCRUE TO THE CITY
OR MUNICIPALITY CONCERNED; AND
(C) TWENTY FIVE PERCENT (25%) SHALL ACCRUE TO THE BARANGAYS.
THE SHARE OF EACH PROVINCE, METROPOLITAN SUBDIVISION IF ANY, CITY,
MUNICIPALITY AND BARANGAY SHALL BE DETERMINED ON THE BASIS OF THE
FOLLOWING FORMULA:
(A) FIFTY PERCENT (50%) BASED ON POPULATION;
(B) TWENTY-FIVE PERCENT (25%) BASED ON LAND AREA;
(C) TWENTY-FIVE PERCENT (25%) BASED ON EQUAL SHARING.
SECS. 289, 290, 291 AND 292 SHALL BE AMENDED BY ADOPTING THE ALLOCATION OF
SHARES UNDER SEC. 285, TO THE ALLOCATION OF THE SHARE OF THE LOCAL
GOVERNMENT UNITS TO THE NATIONAL WEALTH, TO THE EXTENT APPLICABLE.
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PART III. Consolidation of legislative and executive powers in local councils
The consolidation of legislative and executive powers in the local councils strengthens the local
government units, by concentrating all political powers in one political body, and by avoiding
institutional deadlocks between the local legislature and the local executive. The vesting of executive
power, or more particularly the power to “hire-and-fire” the local executive, in a collegial body
promotes good governance, by institutionalizing joint responsibility, and by avoiding the concentration
of executive power in a single individual.
REPUBLIC ACT NO. 7160, AS AMENDED, SEC. 41. Manner of Election AND
APPOINTMENT.- (A) THE PROVINCIAL GOVERNOR, CITY MAYOR, MUNICIPAL MAYOR
AND PUNONG BARANGAY SHALL BE ELECTED BY MAJORITY VOTE OF ALL THE
MEMBERS OF THE LOCAL COUNCIL CONCERNED FROM AMONG THEMSELVES.3
(B) THE REGULAR MEMBERS OF THE CITY AND MUNICIPAL COUNCILS SHALL BE
ELECTED BY DISTRICT, AS MAY BE PROVIDED FOR BY IMPLEMENTING RULES AND
REGULATIONS ISSUED BY THE SECRETARY OF LOCAL GOVERNMENT TO PROMOTE
FAIR AND EQUITABLE REPRESENTATION. THE CITY OR MUNICIPAL COUNCILS MAY
ALSO HAVE ELECTIVE SECTORAL MEMBERS, AS MAY BE PROVIDED FOR BY
IMPLEMENTING RULES AND REGLATIONS ISSUED BY THE SECRETARY OF LOCAL
GOVERNMENT TO PROMOTE SECTORAL INTEREST.
THE CITY MAYORS AND MUNICIPAL MAYORS WITHIN THE TERRITORIAL JURISDICTION
OF A PROVINCE OR METROPOLITAN SUBDVISION IF ANY, SHALL BE THE REGULAR EX
OFFICIO MEMBERS OF THE PROVINCIAL OR METROPOLITAN COUNCIL CONCERNED.
THE PROVINCIAL OR METROPOLITAN COUNCIL MAY ALSO HAVE ELECTIVE SECTORAL
MEMBERS, AS MAY BE PROVIDED FOR BY IMPLEMENTING RULES AND REGULATIONS
ISSUED BY THE SECRETARY OF LOCAL GOVERNMENT TO PROMOTE SECTORAL
INTEREST.
THE REGULAR MEMBERS OF THE BARANGAY COUNCIL SHALL BE APPOINTED BY THE
MAYOR OF THE MOTHER CITY OR MUNICIPALITY. THE MAYOR MAY ALSO APPOINT
SECTORAL MEMBERS OF THE BARANGAY COUNCIL, AS MAY BE PROVIDED FOR BY
IMPLEMENTING RULES AND REGULATIONS ISSUED BY THE SECRETARY OF LOCAL
GOVERNMENT TO PROMOTE SECTORAL INTEREST.
THE REGULAR MEMBERS OF THE BARANGAY COUNCIL SHALL BE APPOINTED BY THE
MAYOR OF THE MOTHER CITY OR MUNICIPALITY FROM A LIST OF AT LEAST THREE
NOMINEES FOR EVERY VACANCY4, PREPARED BY THE BARANGAY BASED
HOMEOWNERS’ ASSOCIATION/S REGISTERED AND IN GOOD STANDING UNDER
REPUBLIC ACT NO. 9904 KNOWN AS THE “MAGNA CARTA FOR HOMEOWNERS AND
3
4
See The Council-Manager Form of Local Government, http://youtu.be/kbZlrXW2BJg. See Better
Local Government with Council-Manager, http://youtu.be/SsNtq2SCdu4.
See 1987 Constitution, Article VIII Judicial Department, Section 9.
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HOMEOWNERS’ ASSOCIATIONS”, THE BARANGAY BASED CONDOMINIUM
CORPORATION/S REGISTERED AND IN GOOD STANDING UNDER REPUBLIC ACT NO. 4726
KNOWN AS “THE CONDOMINIUM ACT”, AS AMENDED, AND/OR THE BARANGAY BASED
COMMUNITY ASSOCIATION/S REGISTERED AND IN GOOD STANDING WITH THE
SECURITIES AND EXCHANGE COMMISSION. THE SECRETARY OF LOCAL GOVERNMENT
SHALL ISSUE IMPLEMENTING RULES AND REGULATIONS GOVERNING THE
PREPARATION OF LISTS OF NOMINEES TO PROMOTE THE INTERESTS OF THE
COMMUNITY.
(C) IF THE CITY OR MUNICIPAL MAYOR IS ELECTED GOVERNOR BY THE PROVINCIAL
OR METROPOLITAN COUNCIL, THE CITY OR MUNICIPAL COUNCIL CONCERNED SHALL
ELECT A DEPUTY MAYOR FROM AMONG ITS MEMBERS BY MAJORITY VOTE OF ALL THE
COUNCIL MEMBERS. THE DEPUTY MAYOR SHALL DISCHARGE THE FUNCTIONS OF THE
CITY OR MUNICIPAL MAYOR WHO HAS BEEN ELECTED PROVINCIAL OR
METROPOLITAN GOVERNOR.
(D) THE PROVINCIAL, METROPOLITAN, CITY, MUNICIPAL AND BARANGAY COUNCILS
MAY BY MAJORITY VOTE OF ALL ITS RESPECTIVE MEMBERS CREATE, RESTRUCTURE
OR ABOLISH SUCH OFFICES IT MAY DEEM NECESSARY OR BENEFICIAL FOR THE
DISCHARGE OF LOCAL FUNCTIONS. THE COUNCIL CONCERNED MAY PRESCRIBE THE
POWERS, FUNCTIONS, QUALIFICATIONS, MANNER OF ELECTION OR APPPOINTMENT,
TERM, COMPENSATION AND OTHER RELATED MATTERS, OF SUCH LOCAL OFFICES.
SEC. 44 REGARDING VACANCIES AND SUCCESSION IS DELETED.
SEC. 46 REGARDING VACANCIES AND SUCCESSION IS DELETED.
SECS. 423-439 REGARDING THE SANGGUNIANG KABATAAN IS DELETED.
SEC. 445 REGARDING THE MUNICIPAL VICE-MAYOR IS DELETED.
SEC. 456 REGARDING THE CITY VICE-MAYOR IS DELETED.
SEC. 466 REGARDING THE PROVINCIAL VICE-GOVERNOR IS DELETED.
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PART IV. Extension of terms of local legislators and executives
The extension of terms of local legislators and executives strengthens the local government units, by
promoting stability through long tenure in office, subject however to periodic validation of the voters'
mandate. Accordingly, the term of office is extended from 3 years to 5 years, subject to the same
maximum of 3 consecutive terms to avoid permanent tenure.
REPUBLIC ACT NO. 7160, AS AMENDED, SEC. 43. Term of Office.- (A) THE TERM OF
OFFICE OF ALL MEMBERS OF THE LOCAL COUNCILS SHALL BE FIVE (5) YEARS.
(B) NO MEMBER OF ANY LOCAL COUNCIL 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 TERM OF SERVICE OF THE COUNCIL MEMBER.
This material was written ex-gratia by Demosthenes B. Donato
for Tanggulang Demokrasya (Tan Dem), Inc.
All intellectual property rights are granted to the public domain.
01 September 2016. Makati City, Philippines.
Disclaimer: The views and opinions expressed in this material are those of the author
and do not necessarily reflect the official policy or position of TanDem.
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