Local Government Code: Book 1 – General Provisions

How local government works

How local government works

What is RA 7160? (See RA 7160, Sec 1)

It is also called as the Local Government Code of the Philippines

Declaration of Policy (See RA 7160, Sec 2)

  1. To enjoy local autonomy to attain their fullest development as self-reliant communities and make them more effective partners in the attainment of national goals.
  2. To ensure accountability of local government units (aka LGUs).
  3. To conduct periodic consultations with appropriate LGUs.

What is Decentralization? (See RA 7160, Sec 3)

  • To allocate different LGUs of theor respective powers, functions, responsibilities and resources.
  • To have an accountable, efficient and ynamic organizaitonal structure.
  • To further improve the performance of LGUs and the quality of community life.

In case of doubt in the interpretation of Local Government Code, who shall prevail? (See RA 7160, Sec 5)

  • Any provisions in LGUs shall be interpreted in its favor. In case of doubt, it shall be resolved in favor of devolution of powers and of the lower LGUs. In case of existence of power, it shall be interpreted in favor of LGU concerned.
  • Any tax ordinance or revenue measure shall be construed strictly against the LGU enacting it.
  • For general welfare provisions, it shall be interpreted as to give more powers to LGUs in accelerating economic development and upgrading the quality of life for the people in the community.
  • In rights, contracts and obligations, it shall be governed by its terms and conditions.
  • If no legal provision or jurisprudence applies, customs and traditions in the place where the controversies will take place.

Who has the power to create LGUs? (See RA 7160, Sec 6)

  • Law enacted by Congress for province, city, municipality or any other political subdivision (i.e. DPWH, DTI)
  • Ordinance passed by provincial or city council for barangay located within its territorial jurisdiction.
  • All subject to limitations and requirements prescribed in this code (i.e. income, population and territory requirements)

What are the indicators before a LGU may be created? (See RA 7160, Sec 7)

  • A sufficient income.
  • Total number of inhabitants or population.
  • Land areamust be contiguous.
    • If it comprises two or more islands OR separated by a LGU independent of the others, it shall be properly identified by metes and bounds with technical descriptions and it should be sufficient to support its people.
  • All indicators shall be attested by DOF, NSO and LMB, attached agency of DENR.

How does the division and merger of an LGU applies? (See RA 7160, Sec 8)

  • It should comply with requirements in RA 7160, Sec 7.
  • It should not reduce the IPT (Income, Population & Territory) of the LGU/s to less than the minimum requirements prescribed in this code.
  • Income classification should not fall below its current income classification prior to such division.

How to abolish a LGU? (See RA 7160, Sec 9)

  • When its income, population or land area has been irreversibly reduced to less than the minimum standards prescribed for its created under Book III (Barangay, Municipality, City, Province), as certified by the Congress or Sanggunian concerned, as the case may be.
  • Law or ordinance should be passed when abolishing a LGU.
  • Abolishing an LGU may also have the meaning as being merged or incorporated into an existing one.

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