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ARTICLE X

LOCAL GOVERNMENT GENERAL PROVISIONS Section 1. The territorial and political subdivisions of the Republic of the Philippines are the provinces, cities, municipalities, and barangays. There shall be autonomous regions in Muslim Mindanao and the Cordilleras as hereinafter provided. Section 2. The territorial and political subdivisions shall enjoy local autonomy. Section 3. The Congress shall enact a local government code which shall provide for a more responsive and accountable local government structure instituted through a system of decentralization with effective mechanisms of recall, initiative, and referendum, allocate among the different local government units their powers, responsibilities, and resources, and provide for the qualifications, election, appointment and removal, term, salaries, powers and functions and duties of local officials, and all other matters relating to the organization and operation of the local units.
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Section 4. The President of the Philippines shall exercise general supervision over local governments. 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. Section 5. Each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees and charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the local governments. Section 6. Local government units shall have a just share, as determined by law, in the national taxes which shall be automatically released to them. Section 7. Local governments shall be entitled to an equitable share in the proceeds of the utilization and development of the national wealth within their respective areas, in the manner provided by law, including sharing the same with the inhabitants by way of direct benefits. Section 8. The term of office of elective local officials, except barangay officials, which shall be determined by law, shall be three years and no such official shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. Section 9. Legislative bodies of local governments shall have sectoral representation as may be prescribed by law. Section 10. No province, city, municipality, or barangay may be created, divided, merged, abolished, or its boundary substantially altered, except in accordance with the criteria established in the local government code and subject to approval by a majority of the votes cast in a plebiscite in the political units directly affected. Section 11. The Congress may, by law, create special metropolitan political subdivisions, subject to a plebiscite as set forth in Section 10 hereof. The component cities and municipalities shall retain their basic autonomy and shall be entitled to their own local executive and legislative assemblies. The jurisdiction of the metropolitan authority that will thereby be created shall be limited to basic services requiring coordination. Section 12. Cities that are highly urbanized, as determined by law, and component cities whose charters

prohibit their voters from voting for provincial elective officials, shall be independent of the province. The voters of component cities within a province, whose charters contain no such prohibition, shall not be deprived of their right to vote for elective provincial officials. Section 13. Local government units may group themselves, consolidate or coordinate their efforts, services, and resources for purposes commonly beneficial to them in accordance with law. Section 14. The President shall provide for regional development councils or other similar bodies composed of local government officials, regional heads of departments and other government offices, and representatives from non-governmental organizations within the regions for purposes of administrative decentralization to strengthen the autonomy of the units therein and to accelerate the economic and social growth and development of the units in the region. AUTONOMOUS REGIONS Section 15. There shall be created autonomous regions in Muslim Mindanao and in the Cordilleras consisting of provinces, cities, municipalities, and geographical areas sharing common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics within the framework of this Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines. Section 16. The President shall exercise general supervision over autonomous regions to ensure that laws are faithfully executed. Section 17. All powers, functions, and responsibilities not granted by this Constitution or by law to the autonomous regions shall be vested in the National Government. Section 18. The Congress shall enact an organic act for each autonomous region with the assistance and participation of the regional consultative commission composed of representatives appointed by the President from a list of nominees from multisectoral bodies. The organic act shall define the basic structure of government for the region consisting of the executive department and legislative assembly, both of which shall be elective and representative of the constituent political units. The organic acts shall likewise provide for special courts with personal, family, and property law jurisdiction consistent with the provisions of this Constitution and national laws. The creation of the autonomous region shall be effective when approved by majority of the votes cast by the constituent units in a plebiscite called for the purpose, provided that only provinces, cities, and geographic areas voting favorably in such plebiscite shall be included in the autonomous region. Section 19. The first Congress elected under this Constitution shall, within eighteen months from the time of organization of both Houses, pass the organic acts for the autonomous regions in Muslim Mindanao and the Cordilleras. Section 20. Within its territorial jurisdiction and subject to the provisions of this Constitution and national laws, the organic act of autonomous regions shall provide for legislative powers over: (1) Administrative organization; (2) Creation of sources of revenues; (3) Ancestral domain and natural resources; (4) Personal, family, and property relations; (5) Regional urban and rural planning development; (6) Economic, social, and tourism development;

(7) Educational policies; (8) Preservation and development of the cultural heritage; and (9) Such other matters as may be authorized by law for the promotion of the general welfare of the people of the region. Section 21. The preservation of peace and order within the regions shall be the responsibility of the local police agencies which shall be organized, maintained, supervised, and utilized in accordance with applicable laws. The defense and security of the regions shall be the responsibility of the National Government.

E.O. No. 292, Administrative Code of 1987 Book IV Title XII Local Government
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EXECUTIVE ORDER NO. 292 INSTITUTING THE ADMINISTRATIVE CODE OF 1987 Administrative Code of 1987 TOC Book IV The Executive Branch Title XII LOCAL GOVERNMENT CHAPTER 1 GENERAL PROVISIONS Section 1. Declaration of Policy. The State shall ensure the autonomy of local governments. For this purpose, it shall provide for a more responsive and accountable local government structure instituted through a system of decentralization. The allocation of powers and resources to local government units shall be promoted, and inter-local government grouping, consolidation and coordination of resources shall be encouraged. The State shall guarantee the local government units their just share in national taxes and their equitable share in proceeds from the use of natural resources, and afford them a wider latitude for resources generation. Section 2. Mandate. The Department shall assist the President in the exercise of general supervision over local governments and in ensuring autonomy, decentralization and community empowerment. Section 3. Powers and Functions. To accomplish its mandate, the Department shall: (1) Advise the President on the promulgation of policies, rules, regulations and other issuances relative to the general supervision of local government units;

(2) Establish and prescribe rules, regulations and other issuances and implementing laws on the general supervision of local government units and on the promotion of local autonomy and monitor compliance thereof by said units; (3) Provide assistance in the preparation of national legislation affecting local government units; (4) Establish and prescribe plans, policies, programs and projects to strengthen the administrative, technical and fiscal capabilities of local government offices and personnel; (5) Formulate and implement policies, plans, programs and projects to meet national and local emergencies arising from natural and man-made disasters; and (6) Perform such other functions as may be provided by law. Section 4. Organization Structure. The Department, shall be composed of the Office of the Secretary and the staff and line offices which shall consist of the following: (1) Bureau of Local Government Supervision; (2) Bureau of Local Government Development; (3) National Barangay Operations Office; (4) Project Development Services; (5) Department Services; (6) Office of Public Affairs; and (7) Regional and Field Offices. CHAPTER 2 DEPARTMENT PROPER Section 5. Office of the Secretary. The Office of the Secretary shall consist of the Secretary and his immediate staff. Section 6. Undersecretaries and Assistant Secretaries. The Secretary shall be assisted by not more than three (3) Undersecretaries and three (3) Assistant Secretaries who shall be appointed by the President upon the recommendation of the Secretary. The Secretary is hereby authorized to delineate and assign the respective functional areas of responsibility of the Undersecretaries and Assistant Secretaries. CHAPTER 3 DEPARTMENT SERVICES Section 7. Planning Service. The Planning Service shall be responsible for providing the Department with efficient and effective services relating to planning, programming, research and statistics. Section 8. Financial and Management Service. The Financial and Management Service shall be responsible for providing the Department with efficient and effective staff advise and assistance on

budgetary, financial and management improvement matters. Section 9. Legal Service. The Legal Service shall be responsible for providing the Department with efficient and effective legal counselling services, assistance to the Secretary in the review or determination of subordinate bodies or agencies, collaboration with Solicitor General in handling cases affecting the Department, and investigation of administrative cases involving Department personnel and local officials; Section 10. Administrative Service. The Administrative Service shall be responsible for providing the Department with efficient and effective services relative to personnel, information, records, supplies, equipment, collection, disbursement, security and custodial work, and other kinds of services not related to the other services above enumerated. Section 11. Electronic Data Processing Service. The Electronic Data Processing Service shall be responsible for providing adequate and up-to-date data and management information inputs, including monitoring of all field operations, to serve as basis for effective planning, management and control, policy formulation and decision-making. CHAPTER 4 BUREAUS AND OFFICES Section 12. Bureau of Local Government Supervision. The Bureau of Local Government Supervision, to be headed by a Bureau Director appointed by the President upon the recommendation of the Secretary, shall have the following functions: (1) Advise and assist the Secretary in the exercise of the power of general supervision of the President over local government units, particularly in the formulation and implementation of national laws, policies, and standards concerning local government operations and their personnel; (2) Establish and prescribe guidelines for the administration of the Katarungang Pambarangay Laws; (3) Monitor compliance with national laws and policies by local government units; (4) Provide assistance in the preparation of national legislation affecting local government units and in the promotion of local autonomy; (5) Extend consultation service and advice to local government units involved in promoting local autonomy; and (6) Provide assistance to local governments in the promotion of citizens participation in local government activities; (7) Provide technical and financial assistance, as well as secretariat services to the Leagues of Provinces, Cities and Municipalities; and (8) Perform such other functions as may be provided by law. Section 13. Bureau of Local Government Development. The Bureau of Local Government Development, to be headed by a Bureau Director appointed by the President upon the recommendation of the Secretary shall have the following functions:

(1) Establish and prescribe plans, policies, programs, and projects to strengthen the administrative and technical capabilities of local government offices and personnel; (2) Provide technical assistance to enhance the administrative, fiscal and technical capabilities of local government officers and personnel; (3) Formulate, prescribe and periodically evaluate local development policies, plans, programs and projects designed to enhance the participation of local government units in planning and implementation; (4) Establish a system of incentives and grants to local governments and prescribe policies, procedures and guidelines in the implementation of self-help assistance projects; (5) Formulate and develop models, standards and technical materials on local government development; (6) Extend consultation service and advice to local government units involved in development programs; (7) Establish a viable system of strategies and approaches for local governments anchored on citizen participation within a wholistic and integrated framework for the development of communities; and (8) Perform such other functions as may be provided by law. Section 14. Office of Public Affairs. The Office of Public Affairs shall have the following functions: (1) Provide technical assistance in the modernization and maintenance of a Departmentwide micro-telecommunica- tions systems; (2) Provide mechanisms for the operationalization of the intent of the provisions of public information, coverages and documentation of the activities of the Department; (3) Perform functional supervision over regional information centers in providing the citizenry with relevant information on the program of the Department and the Governments thrust towards the participation of the citizens in the democratic processes; (4) Formulate plans and programs to implement the administrative and technical capabilities of public officers and personnel both on the central and regional levels; (5) Establish and prescribe guidelines in the administration of Information and Public Assistance Services; (6) Extend consultation services and advice in the implemen- tation of Regional Information Services; (7) Assess information needs of the people through opinion polls and surveys; (8) Provide assistance on various public programs of the Department;

(9) Establish and implement policies, plans, programs and projects to meet local emergencies arising from natural and man-made disasters; and (10) Perform such other duties and responsibilities and projects assigned or delegated by the Secretary in the effective delivery of public services or as may be required by law. Section 15. Local Government Academy. The Local Government Academy shall be responsible for human resource development and training of local government officials and Department personnel. The Academy shall be under the direct supervision of a Board of Trustees composed of the Secretary of Local Government as Chairman and four (4) other members to be appointed by the President upon recommendation of the Secretary. The structure and staffing pattern of the Local Government Academy shall be prescribed and approved by the Secretary. Section 16. National Barangay Operations Office. The National Barangay Operations Office which shall be headed by a Director to be appointed by the President upon the recommendation of the Secretary, shall have the following functions: (1) Formulate policies, plans and programs that will promote community and citizen participation in the political development of the barangay through the mobilization and participation of barangay assemblies; (2) Initiate projects on innovative barangay development strategies and approaches in close coordination with the Bureau of Local Government Development; (3) Provide secretariat services to the Association of Barangay Councils and serve as a clearing house on matters affecting barangay officials insurance, hospitalization, educational and other benefits as provided by law; (4) Provide continuing information dissemination to barangay units on national development efforts and issues in order for barangay assembly members to participate meaningfully in national development; (5) Establish and maintain masterlists of barangays, barangay officials and barangay socioeconomic profiles; (6) Provide situational and political analysis for the Secretary on barangay affairs; and (7) Perform other functions as may be delegated by the Secretary or as provided for by law. Section 17. Office of Project Development Services. The Office of Project Development Services shall have the following functions: (1) Formulate innovative approaches and strategies designed to promote technical capabilities of local governments; (2) Assist in the development of program components for the implementation of tested and appropriate system and processes at the local level; and (3) Perform other functions as may be delegated by the Secretary or as provided by law.

CHAPTER 5 REGIONAL AND FIELD OFFICES Section 18. Regional and Field Offices. The Secretary is authorized to establish, operate and maintain one Regional Office in each of the administrative regions established by law. A Regional Office shall have, within its administrative region, the following functions: (1) Implement laws, rules, and regulations, other issuances, policies, plans, programs and projects of the Department; (2) Provide efficient and effective service to local government; (3) Coordinate with regional offices of other departments, offices and agencies affecting local administration and development; (4) Assist local government units in developing their capabilities for local government administration and development; and (5) Perform such other functions as may be delegated by the Secretary or as provided by law. CHAPTER 6 LEAGUES OF PROVINCES, CITIES AND MUNICIPALITIES Section 19. Leagues of Provinces, Cities and Municipalities. There is hereby created the Leagues of Provinces, Cities and Municipalities. The functions, budget and records of the Katipunan ng mga Sanggunian National Secretariat and the Pambansang Katipunan ng mga Punong Bayan sa Pilipinas, shall be transferred to the Leagues of Provinces, Cities and Municipalities. The Leagues shall be under the supervision of the Bureau of Local Government Supervision. The Secretary is hereby authorized to promulgate the necessary implementing rules that will activate these Leagues.

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