BP 337 BOOK I.—GENERAL PROVISIONS

Title of Act.

Section 1

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

Declaration of Policy.

Section 2

SEC. 2. Declaration of Policy.—The State shall guarantee and promote the autonomy of local government units to ensure their fullest development as self-reliant communities and make them more effective partners in the pursuit of national development and social progress. To this end, the State shall constantly find and effectuate ways of enhancing their capabilities in discharging these responsibilities through a responsive and accountable local government structure instituted through a system of decentralization whereby local governments shall be given more powers, responsibilities and resources.

Scope of Application of Code.

Section 3

SEC. 3. Scope of Application of Code.—This Code shall apply to all local governments and, to the extent herein proved, to officials, offices or agencies of the national government.

Rules of Interpretation.

Section 4

SEC. 4. Rules of Interpretation.—(1) Any power of a barangay, municipality, city or province shall be liberally construed in its favor. Any fair and reasonable doubt as to the existence of the power shall be interpreted in favor of the local government unit concerned. (2) The general welfare provisions in this Code shall be liberally interpreted so as to give more power to local governments in promoting the economic uplift, social welfare and material progress of the people in the community. (3) Vested rights existing on the date of the effectivity of this Code arising out of contracts or any other source of obligation between a province, city, municipality or barangay and another party, shall be governed by the original terms and provisions of said contract or the law in force at the time such rights became vested and in no case shall this Code infringe on them. (4) When in the resolution of controversies arising under this Code no legal provision or jurisprudence can be found to apply, resort may be had to the customs and traditions in the place where the controversy arose.

Creation and Conversion; Political and Corporate Nature.

Section 5

SEC. 5. Creation and Conversion; Political and Corporate Nature.— (1) As a general rule, the creation of a local government unit or its conversion from one level into another level of local government shall be based on factors relative to viability and projected capacity to provide services which can be clearly shown by verifiable indicators. (2) Every local government unit created or recognized under this Code is a body politic and corporate endowed with powers to be exercised by and through its government in conformity with law. As such, it shall exercise powers as a subdivision of the government and as a corporate entity representing the inhabitants of its territory.

Beginning of Corporate Existence.

Section 6

SEC. 6. Beginning of Corporate Existence.—When a new local government unit is created, its corporate existence shall commence upon the qualification of its chief executive and a majority of the members of its legislative body or sanggunian unless some other time is fixed therefor by law.

Governmental Powers in General.

Section 7

SEC. 7. Governmental Powers in General.—Every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary and proper for governance such as to promote health and safety, enhance prosperity, improve morals, and maintain peace and order in the local government unit, and preserve the comfort and convenience of the inhabitants therein.

Authority to Create Sources of Revenue.

Section 8

SEC. 8. Authority to Create Sources of Revenue.—(1) Each local government unit shall have the power to create its own sources of revenue and to levy taxes, subject to such limitations as may be provided by law. (2) For purposes of taxation by local government units, the appraisal and assessment of real property, as well as the levy, collection and administration of real property taxes, shall be governed by the provisions of existing laws insofar as they are not inconsistent with this Code.

Eminent Domain.

Section 9

SEC. 9. Eminent Domain.—A local government unit may, through its head and acting pursuant to a resolution of its sanggunian, exercise the right of eminent domain and institute condemnation proceedings for public use or purpose.

Closure of Roads.

Section 10

SEC. 10. Closure of Roads.—A local government unit may likewise, through its head acting pursuant to a resolution of its sangguniang and in accordance with existing law and the provisions of this Code, close any barangay, municipal, city or provincial road, street, alley, park or square. No such way or place or any part thereof shall be closed without indemnifying any person prejudiced thereby. A property thus withdrawn from public use may be used or conveyed for any purpose for which other real property belonging to the local unit concerned might be lawfully used or conveyed.

Section 11

SEC. 11. Effectivity of Ordinances; Publication — (1) No ordinance enacted by a local government shall take effect until after the lapse of ten (10) days from the date a copy of it is posted in a bulletin board located in a conspicuous place at the provincial, city, municipal or barangay hall, at the public market, and/or at the church or chapel. (2) In highly urbanized cities, the main features of the ordinance must, in addition thereto, be published in a newspaper of general circulation in the city.

Corporate Powers.

Section 12

SEC. 12. Corporate Powers.— Every local government unit shall, as a corporation, 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 (6) To exercise such other powers as are granted to corporations, subject to limitations provided in this Code and other laws.

Non-Liability for Damages.

Section 13

SEC. 13. Non-Liability for Damages.—Unless otherwise provided by law, no province, city, municipality or barangay shall be liable for injuries or damages to persons or property arising from the act or omission of any of its officers or employees while in the performance of their official functions.

National Supervision over Local Governments.

Section 14

SEC. 14. National Supervision over Local Governments. — (1) The President of the Philippines shall exercise general supervision over local governments to ensure that local affairs are administered according to law. General supervision includes the power to order an investigation of the conduct of local government officials whenever necessary. Such general supervision shall be exercised primarily through the Ministry of Local Government. (2) All ministries and national offices having to do with local government administration shall be confined to the setting of uniform standards and guidelines to obviate the need for requiring prior approval or pre-clearance on regular and recurring transactions and other activities normal to local governments. In this regard, the Ministry of Local Government shall establish and maintain appropriate coordinative and consultative arrangements with other ministries and national offices concerned with respect to the monitoring and securing of proper compliance with such standards and guidelines specially on matters which are highly technical in nature. Moreover, as a matter of general policy and whenever appropriate, the Ministry of Local Government shall exercise its supervisory authority over municipalities through the provinces, and barangays through municipalities and cities. (3) Where appropriate, ministries and national agencies with project implementation functions other than the Ministry of Local Government, shall coordinate with and secure the desired integration with allied national government functions. (4) Unless the contrary is provided, the regional offices or appropriate field units of the various ministries and national agencies in the region shall be the major points of contact and liaison between local governments and the national government. For this purpose, the national government shall, as a general policy and as much as practicable, effect the substantial delegation of authority and powers to the regional offices.

Provincial-City Relations.

Section 15

SEC. 15. Provincial-City Relations.—The province, through the provincial governor, shall see to it that every component city within its territorial jurisdiction acts within the scope of its assigned powers and functions. Highly urbanized cities shall be independent of the province.

Loans, Grants or Subsidies between Province and Component Cities.

Section 16

SEC. 16. Loans, Grants or Subsidies between Province and Component Cities.— (1) The sangguniang panlalawigan may, out of the provincial funds, extend loans, grants or subsidies to component cities geographically located within the province under such terms and conditions as it may impose. (2) The sangguniang panlungsod of a component city may, out of city funds, likewise extend loans, grants or subsidies to the province to which it belongs, subject to such terms and conditions as it may impose.

Provincial Supervision over Municipal Affairs.

Section 17

SEC. 17. Provincial Supervision over Municipal Affairs. —The province, through the provincial governor, shall have primary responsibility for general supervision over the government of every municipality within its territorial jurisdiction to ensure that it acts within the scope of its assigned powers and functions.

Submission of Questions to the Provincial Attorney or Fiscal.

Section 18

SEC. 18. Submission of Questions to the Provincial Attorney or Fiscal.—In the absence of a municipal attorney, the municipal government may secure the opinion of the provincial attorney, if any, or the provincial fiscal on any legal question affecting the municipality.

Certain Acts of the Sangguniang Bayan Requiring Approval of the Sangguniang Panlalawigan.

Section 19

SEC. 19. Certain Acts of the Sangguniang Bayan Requiring Approval of the Sangguniang Panlalawigan.—The following acts of the sangguniang bayan shall be subject to the approval of the sangguniang panlalawigan: (1) Permanent closure of a public road, street, alley, park or square; and (2) Donation of municipal funds or property.

Provincial Loans, Grants and Subsidies.

Section 20

SEC. 20. Provincial Loans, Grants and Subsidies.—The sangguniang panlalawigan may, out of the provincial funds, extend loans, grants and subsidies to municipalities of the province under such terms and conditions as it may impose.

City Supervision over Barangay Affairs.

Section 21

SEC. 21. City Supervision over Barangay Affairs.— The city, through the city mayor, shall have primary responsibility for general supervision over the government of every barangay within its territorial jurisdiction to ensure that it acts within the scope of its assigned powers and functions.

Review of Barangay Ordinances and Resolutions.

Section 22

SEC. 22. Review of Barangay Ordinances and Resolutions.—The Sangguniang panlunsod shall review all ordinances and resolutions duly approved by the sangguniang barangay to ensure that they are within the powers granted by law and in conformity with city ordinances.

Barangay Improvement; Recommendations.

Section 23

SEC. 23. Barangay Improvement; Recommendations.— The sangguniang barangay may submit to the sangguniang panlungsod such suggestions or recommendations as it may see fit for the improvement of the barangay and for the welfare of its inhabitants.

Municipal Supervision over Barangay Affairs.

Section 24

SEC. 24. Municipal Supervision over Barangay Affairs. — The municipality, through the municipal mayor, shall have primary responsibility for general supervision over the government of every barangay within its territorial jurisdiction to ensure that it acts within the scope of its assigned powers and functions.

Review of Barangay Ordinances and Resolutions.

Section 25

SEC. 25. Review of Barangay Ordinances and Resolutions.—The sangguniang bayan shall review all ordinances and resolutions duly approved by the sangguniang barangay to ensure that they are within the powers granted by law and in conformity with municipal ordinances.

Recommendations to the Sangguniang Bayan.

Section 26

SEC. 26. Recommendations to the Sangguniang Bayan. —The sangguniang barangay may submit to the sangguniang bayan such suggestions or recommendations as it may see fit for the improvement of the barangay and for the welfare of its inhabitants.

The Ministry of Health.

Section 27

SEC. 27. The Ministry of Health.— (1) The present participation of local government units as well as their fund assistance for the delivery of health services within their respective areas shall continue until such time as the national integration of said services shall have been fully implemented by the Ministry of Health. (2) Notwithstanding this integration, a local government unit may assist or augment the integrated national health services with local funds.

The Ministry of Justice.

Section 28

SEC. 28. The Ministry of Justice.—Whenever the exigencies of the service warrant the creation of positions of additional lawyers to assist provincial and city fiscals in the discharge of their duties, positions of special counsel may be created by any province or city with salaries chargeable against provincial or city funds. Special counsels shall be appointed by the Minister of Justice upon recommendation of the provincial governor or city mayor concerned, either on permanent or temporary basis.

The Commission on Audit.

Section 29

SEC. 29. The Commission on Audit.—The Commission on Audit shall review and audit all accounts of each local government unit in accordance with the provisions of law relating to government accounts and accounting.

The Ministry of Education, Culture and Sports.

Section 30

SEC. 30. The Ministry of Education, Culture and Sports.— The Ministry of Education, Culture and Sports shall exercise the same jurisdiction and powers over all educational institutions established or supported by any local government unit that it exercises over all other public schools.

Participation of Local Governments in the Implementation of National Programs and Projects.

Section 31

SEC. 31. Participation of Local Governments in the Implementation of National Programs and Projects.—(1) Each ministry, office, agency or instrumentality of the national government shall involve local governments and secure their participation in the various substantive aspects of programs and projects, and the other corollary operational activities that should be carried out through local governments. (2) As a general policy and as much as practicable, the national government shall encourage and provide the necessary authority for local governments in the supervision of appropriate national government operations and activities undertaken at the various levels of local government.

Technical and Financial Assistance; Technical Supervision.

Section 32

SEC. 32. Technical and Financial Assistance; Technical Supervision.— (1) Every ministry, office, agency or instrumentality of the national government shall render technical and provide financial assistance to local governments necessary to carry out national policies, plans, programs, projects and activities. (2) Ministries may exercise technical supervision over local governments on technical aspects over which they are responsible on the national level.

Transfer of Responsibility.

Section 33

SEC. 33. Transfer of Responsibility.—As a general policy and where appropriate, the national government shall encourage and take the necessary measures for the transfer of responsibility and the corresponding authority over service delivery functions from the national to the local governments or from a higher to a lower level of local government: Provided, however, That such transfer need not be effected at the same time and for all the units in any tier of local government, but may be done on the basis of the capability of the local unit or units concerned to assume and discharge the transferred responsibility.

Principles to be Observed.

Section 34

SEC. 34. Principles to be Observed.—The following principles shall be observed by all concerned relative to the financial affairs, transactions and operations of every local government: (1) As a general rule, local governments shall be allowed as much authority and flexibility over the financial aspects of their operations which are consistent with such standards and guidelines as may be prescribed by competent authorities. (2) No money shall be paid out of the treasury except in pursuance of a lawful appropriation or other specific statutory authority. No funds shall be disbursed, and no checks shall be issued without the approval or signature of the local chief executive. (3) Public funds and monies shall be spent solely for public purposes. (4) Revenue shall be obtainable from all sources, including the power to levy taxes, subject to such limitations as may be provided by law. (5) All monies officially received by a public officer shall be accounted for as government funds, except as may otherwise be specifically provided by law. (6) Trust funds shall not be paid out of the treasury except in fulfillment of the purpose for which the trust was created or the funds received. (7) Fiscal responsibility shall be shared by all those exercising authority over the financial affairs, transactions and operations of the local government unit concerned.

Preparation, Approval and Review of Budget.

Section 35

SEC. 35. Preparation, Approval and Review of Budget.— Budgets of local government units shall be prepared, approved and reviewed in conformity with the provisions of law, rules and regulations, taking into account such limitations as are imposed on appropriations for salaries and rates of compensation, personnel movement and administration, and appropriations for discretionary purposes of local executives.

Accounting and Accountability.

Section 36

SEC. 36. Accounting and Accountability.—(1) Every local government officer whose duties require the possession or custody of local government funds shall be accountable therefor and responsible for their safekeeping in conformity with the provisions of law. Local treasurers and other accountable officers shall render their accounts within such time, in such form, style and contents and under such regulations as the Commission on Audit may prescribe pursuant to law. (2) The heads of local government units shall be responsible for the proper operation and maintenance of the accounting offices in their respective units. They shall see to it that all accounting records and books conform to the applicable provisions of this Code, and the pertinent laws, rules, regulations and reporting requirements of the Office of Budget and Management. Non-compliance with such laws, rules, regulations and reporting requirements shall be sufficient ground for administrative action against the officials responsible therefor, including dismissal from the service. Sec- 37. Auditorial Inspection.—The books of accounts, papers and cash of any local treasurer or other accountable local official shall at all times be open to the inspection of the Commission on Audit or its duly authorized representative.

Credit Financing for Local Governments.

Section 38

SEC. 38. Credit Financing for Local Governments.—The conduct and management of the credit transactions and borrowings of local governments shall be governed by existing laws.

Intergovernmental Fiscal Relations.

Section 39

SEC. 39. Intergovernmental Fiscal Relations.—Inter-governmental sharing of funds between the national and local governments shall be governed by existing laws.

Statement of Assets.

Section 40

SEC. 40. Statement of Assets.—Before assuming office, an official or employee of a local government unit shall file in the-office of its chief official a sworn statement of assets, liabilities and property holdings.

Officials not to Engage in Business Transactions or Possess Pecuniary Interest.

Section 41

SEC. 41. Officials not to Engage in Business Transactions or Possess Pecuniary Interest.—It shall be unlawful for any local government official, directly or indirectly, individually or as a member of a firm: (1) To engage in any business transaction with the local government unit of which he is an official or over which he has the power of supervision, or with any of its authorized officials, boards, agents, or attorneys, whereby money is to be paid, or property or any other thing of value is to be transferred, directly or indirectly, out of the resources of the local government unit to such person or firm; (2) To purchase any real estate or other property forfeited in favor of such unit which shall be sold for unpaid taxes or assessment, or by virtue of legal process at the suit of said unit; (3) To be surety for any person having contract or doing business with the local government unit for the performance of which surety may be required.

Qualifications.

Section 42

SEC. 42. Qualifications.— (1) An elective local official must be a citizen of the Philippines, at least twenty-three years of age on election day, a qualified voter registered as such in the barangay, municipality, city or province where he proposes to be elected, a resident therein for at least one year at the time of the filing of his certificate of candidacy, and able to read and write English, Pilipino, or any other local language or dialect. (2) Candidates for the position of punong barangay or member of the sangguniang barangay must be actual residents in the barangay where they propose to be elected. (3) A candidate for chairmanship of the kabataang barangay need not be of the minimum age required in this section.

Manner of Election.

Section 43

SEC. 43. Manner of Election.— (1) Unless otherwise provided by law, the governor, vice-governor, city mayor, city vice-mayor, municipal mayor, municipal vice-mayor, and barangay officials shall be elected at large in their respective units by the qualified voters therein. However, the kabataang barangay chairman for each barangay shall be elected by the registered voters of the kabataang barangay assembly as hereinafter provided. (2) The members of the sangguniang panlalawigan, sangguniang panlungsod, and the sangguniang bayan shall be elected at large in their respective units, but the representatives of the katipunan ng mga barangay and the kabataang barangay federation in said sanggunians shall be elected by their own respective organizations, subject to the supervision of the Commission on Elections. (3) Unless otherwise provided by law, the present manner of election/appointment of representatives of the agricultural and industrial labor sectors to the sangguniang panlungsod or sangguniang bayan, as the case may be, shall be maintained.

Term of Office.

Section 44

SEC. 44. Term of Office.—The term of office of all local elective officials shall be six (6) years, starting from the date provided by law.

Change of Territory Affecting Tenure of Office.

Section 45

SEC. 45. Change of Territory Affecting Tenure of Office.—When a part of a province, city, municipality, or barangay is detached from its mother unit to form a new local government unit, or is merged to an existing local government unit, any elective official of the mother unit residing in the detached or merged territory shall be entitled to continue to hold office in the mother province, city, municipality or barangay, as the case may be, and exercise the functions thereof for the remainder of his term.

Supervision over Local Elections by the Commission on Elections.

Section 46

SEC. 46. Supervision over Local Elections by the Commission on Elections.—The Commission on Elections shall, in addition to the powers and functions conferred upon it by the Constitution and other laws, have supervision over local elections and plebiscites with powers to promulgate the necessary rules and regulations consistent with the provisions of this Code.

Commutation of Leave Credits.

Section 47

SEC. 47. Commutation of Leave Credits.—All elective local government officials shall be entitled to whatever leave credits are granted to appointive officials under existing laws, and the commutation of the money, value thereof.

Permanent Vacancy in the Office of the Governor, City or Municipal Mayor.

Section 48

SEC. 48. Permanent Vacancy in the Office of the Governor, City or Municipal Mayor.— (1) In case a permanent vacancy arises when a governor, city or municipal mayor refuses to assume office, fails to qualify, dies or is removed from office, voluntarily resigns, or is otherwise permanently incapacitated to discharge the functions of his office, the vice-governor, city or municipal vice-mayor, as the case may be, shall assume the office for the unexpired term of the former. (2) If the vice-governor, city or municipal vice-mayor, as the case may be, likewise refuses to assume office or fails to qualify, dies or is removed from office, voluntarily resigns, or is otherwise permanently incapacitated to discharge the functions of the office, the member of the sangguniang panlalawigan, sangguniang panlungsod or sangguniang bayan, as the case may be, who obtained the highest number of votes in the election immediately preceding shall assume the office for the unexpired term of the governor, city or municipal mayor concerned. (3) If the sanggunian member concerned likewise refuses to assume office or fails to qualify, dies or is removed from office, voluntarily resigns, or is otherwise permanently incapacitated to discharge the functions of the office, the vacancy shall be filled by appointment of the President of the Philippines, upon recommendation of the Minister of Local Government, for the unexpired term of the vacant office.

Permanent Vacancy in the Office of the Vice-Governor, City or Municipal Vice-Mayor.

Section 49

SEC. 49. Permanent Vacancy in the Office of the Vice-Governor, City or Municipal Vice-Mayor.— (1) In case a permanent vacancy arises when a vice-governor, city or municipal vice-mayor assumes the office of governor, city or municipal mayor, as the case may be, or 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, the sangguniang panlalawigan, sangguniang panlungsod or sangguniang bayan member who obtained the highest number of votes in the election immediately preceding, as the case may be, shall assume the office for the unexpired term of the vice-governor, city or municipal vice-mayor concerned. (2) If the sanggunian member concerned likewise assumes the office of governor, city or municipal mayor, as the case may be, or refuses to assume office, fails to qualify, dies or is removed from office, voluntarily resigns or is otherwise permanently incapacitated to discharge the functions of the office, the vacancy shall be filled by appointment of the President of the Philippines, upon recommendation of the Minister of Local Government, for the unexpired term of the vacant office.

Permanent Vacancies in Local Sanggunians.

Section 50

SEC. 50. Permanent Vacancies in Local Sanggunians.— In case of permanent vacancy in the sangguniang panlalawigan, sangguniang panlungsod, sangguniang bayan, or sangguniang barangay, the President of the Philippines, upon recommendation of the Minister of Local Government, shall appoint a qualified person to fill the vacancy in the sangguniang panlalawigan and the sangguniang panlungsod; the governor, in the case of sangguniang bayan members; or the city or municipal mayor, in the case of sangguniang barangay members. Except for the sangguniang barangay, the appointee shall come from the political party of the sanggunian member who caused the vacancy, and shall serve the unexpired term of the vacant office.

Permanent Vacancy in the Office of Punong Barangay.

Section 51

SEC. 51. Permanent Vacancy in the Office of Punong Barangay.— (1) In the event the punong barangay refuses to assume office, fails to qualify, dies or is removed from office, voluntarily resigns, or is otherwise permanently incapacitated to discharge the functions of his office, the member of the sangguniang barangay who obtained the highest number of votes in the election immediately preceding shall assume the office for the unexpired term of the punong barangay. (2) If the sangguniang barangay member concerned likewise refuses to assume office, fails to qualify, dies or is removed from office, voluntarily resigns, or is otherwise permanently incapacitated to discharge the functions of his office, the vacancy shall be filled by the member of the sangguniang barangay who obtained the next highest number of votes in the election immediately preceding. The successor shall assume the office of punong barangay for the unexpired term of the vacant office.

Temporary Vacancy in the Office of Governor, City or Municipal Mayor, or Punong Barangay.

Section 52

SEC. 52. Temporary Vacancy in the Office of Governor, City or Municipal Mayor, or Punong Barangay.— (1) In case of temporary incapacity of the governor, city or municipal mayor, or punong barangay to perform his duties on account of physical or legal causes, or when he is on official leave of absence or on travel outside the territorial jurisdiction of the Republic of the Philippines, the vice-governor, city or municipal vice-mayor, or the sangguniang barangay member who obtained the highest number of votes in the election immediately preceding, as the case may be, shall exercise the powers, duties and functions of the governor, city or municipal mayor, or punong barangay, as the case may be, except the power to appoint, suspend or dismiss employees for a period corresponding to the temporary incapacity of the incumbent, or corresponding to the incumbent's official leave of absence or travel abroad, or for a period of not more than three months. (2) Upon the expiration of three months, should the temporary incapacity, official leave of absence, or travel abroad subsist, the vice-governor, city or municipal vice-mayor, or sangguniang barangay member concerned as the case may be, may exercise the power to appoint, suspend or dismiss employees for a period corresponding to the temporary incapacity, official leave of absence, or travel abroad of the incumbent. (3) Nothing in this section shall be construed to mean automatic assumption of powers, duties and functions on the part of the vice-governor, city or municipal vice-mayor, or sangguniang barangay member concerned, as the case may be, when the incumbent local executive is on official travel in connection with the discharge of the duties and functions of his office.

Approval of Leave Privileges.

Section 53

SEC. 53. Approval of Leave Privileges.—The leave privileges of local elective officials shall be approved as follows: (1) The leave privileges of the vice-governor, city or municipal vice-mayor and members of the sanggunian in all levels, shall be approved by the local chief executive concerned; (2) Leave privileges of the municipal mayor shall be approved by the provincial governor; and (3) Leave privileges of the city mayor and the provincial governor shall be approved by the Minister of Local Government or his duly authorized representative.

By Whom Exercised; Requisites.

Section 54

SEC. 54. By Whom Exercised; Requisites.— (1) The power of recall shall be exercised by the registered voters of the unit to which the local elective official subject to such recall belongs. (2) Recall shall be validly initiated only upon petition of at least twenty-five percent of the total number of registered voters in the local government unit concerned based on the election in which the local official sought to be recalled was elected.

Who May be Recalled; Ground for Recall: When Recall May not be Held.

Section 55

SEC. 55. Who May be Recalled; Ground for Recall: When Recall May not be Held.—(1) Any elective official may be recalled only once during his term of office for loss of confidence. (2) No recall shall take place within two years from the date of the official's assumption of office or one year immediately preceding a regular local election.

Form, Venue and Procedure for Recall.

Section 56

SEC. 56. Form, Venue and Procedure for Recall.— (1) A written petition for recall duly signed before the election registrar or his representative, and in the presence of a representative of the petitioner and a representative of the official sought to be recalled, and in a public place in the province, city, municipality or barangay, as the case may be, shall be filed with the Commission on Elections through its office in the local unit concerned. The Commission on Elections or its duly authorized representative shall cause the publication of the petition in a public and conspicuous place for a period of not less than ten days nor more than twenty days, for the purpose of verifying the authenticity and genuineness of the petition and the required percentage of voters. (2) Upon the lapse of the aforesaid period, the Commission on Elections or its duly authorized representative shall announce the acceptance of candidates to the position and thereafter prepare the list of candidates which shall include the name of the official sought to be recalled. (3) The Commission on Elections shall then set the date for the election which shall not be later than thirty days after the announcement of the acceptance of candidates for the election on recall in the case of the city, municipal or barangay officials, and forty-five days in the case of provincial officials. The election shall then be held on the date set, after which the winner shall be certified and proclaimed by the Commission on Elections.

Effectivity of Recall.

Section 57

SEC. 57. Effectivity of Recall.—The recall of a local elective official shall be effective only upon the election and proclamation of a successor in the person of the candidate receiving the highest number of votes cast during the election. Should the official sought to be recalled receive the highest number of votes, confidence in him is thereby affirmed and he shall continue in office.

Acts of the Commission on Elections.

Section 58

SEC. 58. Acts of the Commission on Elections.—All acts of the Commission on Elections on all matters pertaining to the recall of local elective officials shall be governed by the Constitution and the election laws.

Supervision by the Commission on Elections.

Section 59

SEC. 59. Supervision by the Commission on Elections.— The Commission on Elections shall conduct and supervise the process of and election on recall in the manner and time herein provided and, in pursuance thereof, promulgate the necessary rules and regulations.

Suspension and Removal; Grounds.

Section 60

SEC. 60. Suspension and Removal; Grounds.—An elective local official may be suspended or removed from office on any of the following grounds committed while in office: (1) Disloyalty to the Republic of the Philippines; (2) Culpable violation of the Constitution; (3) Dishonesty, oppression, misconduct in office and neglect of duty; (4) Commission of any offense involving moral turpitude; (5) Abuse of authority; (6) Unauthorized absence for three consecutive months.

Form and Filing of Complaints.

Section 61

SEC. 61. Form and Filing of Complaints.—Verified complaints against local elective officials shall be preferred as follows: (1) Against any elective provincial or city official, before the Minister of Local Government; (2) Against any elective municipal official, before the sangguniang panlalawigan; (3) Against any elective barangay official of a city or municipality, before the sangguniang panlungsod or the sangguniang bayan, as the case may be.

Notice of Hearing.

Section 62

SEC. 62. Notice of Hearing.—Within seven days after the complaint is filed, the Minister of Local Government, or the sanggunian concerned, as the case may be, shall require the respondent to submit his verified answer within seven days from receipt of said complaint, and commence the hearing and investigation of the case within ten days after receipt of such answer of the respondent. No investigation shall be held within ninety days immediately prior to an election, and no preventive suspension shall be imposed within the said period. If preventive suspension has been imposed prior to the aforesaid period, the preventive suspension shall be lifted.

Preventive Suspension.

Section 63

SEC. 63. Preventive Suspension.— (1) Preventive suspension may be imposed by the Minister of Local Government if the respondent is a provincial or city official, by the provincial governor if the respondent is an elective municipal official, or by the city or municipal mayor if the respondent is an elective barangay official. (2) Preventive suspension may be imposed at any time after the issues are joined, when there is reasonable ground to believe that the respondent has committed the act or acts complained of, when the evidence of culpability is strong, when the gravity of the offense so warrants, or when the continuance in office of the respondent could influence the witnesses or pose a threat to the safety and integrity of the records and other evidence. In all cases, preventive suspension shall not extend beyond sixty days after the start of said suspension. (3) At the expiration of sixty days, the suspended official shall be deemed reinstated in office without prejudice to the continuation of the proceedings against him until its termination. However, if the delay in the proceedings of the case is due to his fault, neglect or request, the time of the delay shall not be counted in computing the time of suspension.

Rights of the Respondent.

Section 64

SEC. 64. Rights of the Respondent.—The respondent shall be accorded full opportunity to appear and defend himself in person or by counsel, to confront and cross-examine the witnesses against him, and to require the attendance of witnesses and the production of documentary evidence in his favor through the compulsory process of subpoena or subpoena duces tecum.

Form and Notice of Decision.

Section 65

SEC. 65. Form and Notice of Decision.— (1) Within thirty days after the end of the investigation, the Minister of Local Government, or the provincial, city or municipal sanggunian, as the case may be, shall render a decision in writing stating clearly and distinctly the facts and the reasons for such decision, copies of which shall immediately be furnished the respondent and all interested parties. (2) The penalty of suspension shall not exceed the un-expired term of the respondent, nor shall the penalty of suspension or removal be a bar to the candidacy of the respondent so suspended or removed from an elective public office as long as he meets the qualifications so required for the office.

Administrative Appeals.

Section 66

SEC. 66. Administrative Appeals.— (1) Administrative appeals from the decision of suspension or removal shall be made within thirty days from the date on which the same was received, to the following authorities whose decision shall be final: (a) The decision of the Minister of Local Government shall be appealable to the President. (b) The decision of the provincial, city or municipal sanggunian shall be appealable to the Minister of Local Government. (2) The provisions of this section shall be without prejudice to appropriate judicial remedies.

Salary of Respondent Pending Suspension.

Section 67

SEC. 67. Salary of Respondent Pending Suspension.— The respondent official suspended from office pending an investigation of charges against him shall receive no salary or compensation during such suspension; but, upon subsequent exoneration and reinstatement, he shall be paid full salary or compensation including such emoluments accruing during such suspension.

Creation and Composition.

Section 68

SEC. 68. Creation and Composition.— (1) In every province, city or municipality, there shall be established, respectively, a provincial school board, city school board, or municipal school board, which shall be composed as follows: (a) In the case of the provincial school board, the governor as chairman, the division superintendent of schools as vice chairman, and the provincial treasurer, a representative of the sangguniang panlalawigan chosen by it from among its members, and the president or duly elected representative of the federation of parent-teachers associations, as members. (b) In the case of the city school board, the city mayor as chairman, the city superintendent of schools as vice chairman, and the city treasurer, the representative of the sangguniang panlungsod chosen by it from among its members, and the president or duly elected representative of the federation of parent-teachers associations, as members. (c) In the case of the municipal school board, the municipal mayor as chairman, the district supervisor as vice chairman, and the municipal treasurer, the representative of the sangguniang bayan chosen by it from among its members, and the president or duly elected representative of the federation of parent-teachers associations, as members. (2) In the event that a province or city has two or more school superintendents, and in the event that a municipality has two or more district supervisors, the vice-chairman of the local school board shall be determined as follows: (a) The regional director of the Ministry of Education, Culture and Sports shall designate the vice-chairman for the provincial and city school boards; and (b) The division superintendent of schools shall designate the district supervisor who will serve as vice-chairman of the municipal school board. (3) The performance of the duties and responsibilities of the above-mentioned officials in their respective school boards shall not be delegated.

unctions.

Section 69-F

SEC. 69- Functions.—The provincial, city or municipal school board, shall: (1) Determine, in accordance with the criteria set by the Ministry of Education, Culture and Sports, the annual supplementary budgetary needs for the operation and maintenance of local public schools within the province, city or municipality and the supplementary local cost of adequately meeting- such needs which shall be reflected in the form of an annual school board budget corresponding to the board's share of the proceeds of the additional real property tax. The approval by the Ministry of Education, Culture and Sports of said budget shall be ministerial. (2) Apply for a share in the stabilization portion of the fund established under existing laws creating the Special Education Fund, which share shall, upon approval of the application therefor, be remitted to the provincial, city or municipal treasurer concerned. (3) Authorize the provincial, city or municipal treasurer, as the case may be, to disburse funds from the provincial, city or municipal share in the Special Education Fund pursuant to the budget prepared and in accordance with existing rules and regulations.

Meetings and Quorum.

Section 70

SEC. 70. Meetings and Quorum.— (1) The board shall meet at least once a month or as often as the chairman or majority of the members find it necessary. (2) Three members shall constitute a quorum, but the chairman and vice-chairman must always be present when the school budget is being prepared and considered. The affirmative vote of three members shall be necessary to approve the budget.

Compensation and Remuneration.

Section 71

SEC. 71. Compensation and Remuneration.—The chairman and members of the provincial, city or municipal school boards shall perform their duties as such without compensation or remuneration. Members thereof who are not government officials shall be entitled to necessary travelling expenses chargeable against the funds of the school board concerned.

Responsibility for Personnel Administration.

Section 72

SEC. 72. Responsibility for Personnel Administration.— Each head of a local government unit shall be responsible for personnel administration in his unit and shall take all personnel actions in accordance with the constitutional provisions relative to the civil service and all laws and rules thereon, including such policies, guidelines and standards as the Civil Service Commission may establish.

Appointment of Personnel of Local Governments.

Section 73

SEC. 73. Appointment of Personnel of Local Governments.—All officials and employees paid wholly out of provincial, city or municipal funds shall be appointed by the governor, city or municipal mayor, as the case may be, except as otherwise provided in this Code.

Promotion.

Section 74

SEC. 74. Promotion.—Promotions in local governments shall be in accordance with existing laws and rules on the matter. The head of a local government shall evolve his own screening process for determining employees deserving promotion which may include tests of merit and fitness under standards and guidelines established by the Civil Service Commission.

Salaries of Officials and Personnel.

Section 75

SEC. 75. Salaries of Officials and Personnel.—The salaries of officials and employees of local government shall be provided by law or ordinance: Provided, That the salaries or compensation of the vice-governor, vice-mayor, and members of the sanggunian in all levels and such other positions as are not included under existing laws shall be determined by the Joint Commission on Local Government Personnel Administration established under Presidential Decree Numbered One thousand one hundred thirty-six.

Abolition of Position.

Section 76

SEC. 76. Abolition of Position.—When the position of an official or employee under the civil service is abolished by law or ordinance, the official or employee so affected shall be reinstated in another vacant position without diminution of salary. Should such position not be available, the official or employee affected shall be granted a separation pay equivalent to one month salary for every year of service over and above the monetary privileges granted to officials and employees under existing laws.

Administrative Discipline.

Section 77

SEC. 77. Administrative Discipline.—Investigation and adjudication of administrative complaints against appointive local officials and employees of local governments as well as their suspension and removal shall be in accordance with the civil service law and rules and other laws affecting the civil service. The results of such administrative complaints and investigation shall be reported to the Civil Service Commission.

Disciplinary Jurisdiction.

Section 78

SEC. 78. Disciplinary Jurisdiction.— (1) Except as otherwise provided by law, the head of a local government unit shall have authority to remove, separate, suspend and otherwise discipline officials and employees under his jurisdiction. If the penalty imposed is suspension without pay for not more than thirty days, his decision shall be final. If the penalty imposed is heavier, the decision shall be appealable to the Civil Service Commission which has final authority upon all matters relating to the conduct, discipline and efficiency of local government officials and employees. If the respondent is in the career executive service, appeal shall be made to the Career Service Board. (2) An appeal shall not prevent a decision from becoming executory, and in case the penalty is suspension of removal, the respondent shall be considered as having been under preventive suspension during the pendency of an appeal in the event he wins such appeal. However, the respondent shall be paid his salary corresponding to the period during which the appeal is pending in the event he is completely exonerated.

Municipal Boundary Disputes.

Section 79

SEC. 79. Municipal Boundary Disputes.—Disputes as to the jurisdiction of municipal governments over areas or barangays shall be heard and decided by the sangguniang panlalawigan of the province where the municipalities concerned are situated. Where the areas or barangays in dispute are claimed by municipalities situated in different provinces, the sangguniang panlalawigan of the provinces involved shall jointly hear and decide the dispute. in case no settlement is reached within sixty days from the date the dispute was referred to the sangguniang panlalawigan concerned, said dispute shall be elevated to the Regional Trial Court of the province which first took cognizance of the dispute. The case shall be decided by the said court within one year from the start of proceedings and appeal may be taken from the decision within the time and in the manner prescribed by the Rules of Court.

Barangay Boundary Disputes.

Section 80

SEC. 80. Barangay Boundary Disputes.—Boundary disputes between barangays within the same city or municipality shall be heard and decided by the sangguniang panlungsod or sangguniang bayan concerned for the purpose of affording the parties an opportunity to reach an amicable settlement. In case no amicable settlement is reached within sixty days from the date the dispute was referred to the sangguniang panlungsod or the sangguniang bayan, as the case may be, the case shall be heard and decided by the Regional Trial Court of the province or city where the barangays concerned are located within one year from the start of court proceedings. Appeal may be taken within the time and in the manner prescribed by the Rules of Court.