Salient Features Sec 459-510 of RA7160.pptx

Salient Features Sec 459-510 of RA7160

1. Nesrene Emy L. Baricaua Local Government Code of 1991 (RA 7160)

2. These sections of the Local Government Code outline a detailed framework for provinces in the Philippines, defining their organization, functions, and responsibilities. The primary goal is to empower provinces with greater autonomy, enabling them to govern more effectively and respond directly to the needs of their constituents. This decentralization aims to improve efficiency in governance by allowing decisions to be made closer to the communities they affect. It also emphasizes the importance of local governments in delivering essential services and fostering development tailored to local conditions. By enhancing local autonomy and accountability, these provisions seek to strengthen overall governance and service delivery throughout the country, benefiting residents and promoting sustainable development. Sections 459-510

3. THE PROVINCE Role and Creation of the Province The province, composed of clusters of municipalities or municipalities and component cities, serves as a political and corporate unit of government. It acts as a dynamic mechanism for developmental processes and effective governance of the local government units (LGUs) within its territorial jurisdiction. This emphasizes the province's role in coordinating and supporting the development and governance of the LGUs under its jurisdiction . Section 459: Role of the Province The creation, division, merger, abolition, or substantial alteration of a province's boundaries can only occur through an Act of Congress. This must also be approved by a majority of votes in a plebiscite conducted by the Commission on Elections (COMELEC) within the local government units directly affected. The plebiscite must be held within 120 days from the Act's effectivity unless otherwise specified. Section 460: Manner of Creation

4. A province must have an average annual income of at least PHP 20 million, based on 1991 constant prices, as certified by the Department of Finance. It must have either a contiguous territory of at least 2,000 square kilometers certified by the Lands Management Bureau or a population of at least 250,000 inhabitants, certified by the National Statistics Office. The creation of a new province must not reduce the land area, population, or income of the original unit(s) below the minimum requirements specified. Territories that are non-contiguous can still form a province if they consist of two or more islands or are separated by chartered cities that do not contribute to the province's income . The average annual income must include income accruing to the general fund but exclude special funds, trust funds, transfers, and non-recurring income. Section 461: Requisites for Creation Section 462 : Existing Sub-Provinces Sub-provinces existing at the time of this Code's effectivity are converted into regular provinces upon majority approval in a plebiscite held in the sub-provinces and the original provinces directly affected. The plebiscite is to be conducted simultaneously with the national elections following the Code's effectivity. The new legislative districts created will continue to be represented in Congress by the original districts until new representatives are elected and qualified.

5. Provincial Officials in Genera l Each province must have a governor, vice-governor, members of the Sangguniang Panlalawigan (Provincial Board), and other specified officials such as a provincial treasurer, assessor, accountant, engineer, budget officer, planning and development coordinator, legal officer, administrator, health officer, social welfare and development officer, general services officer, agriculturist, and veterinarian. The governor may appoint additional officials such as a provincial population officer, natural resources and environment officer, cooperative officer, architect, and information officer. The Sangguniang Panlalawigan may create new offices or consolidate existing ones to improve efficiency and economy. Department heads are appointed by the governor with the concurrence of the majority of the Sangguniang Panlalawigan members, subject to civil service laws and regulations. Both elective and appointive officials receive compensation, allowances, and other emoluments as determined by law or ordinance, subject to budgetary limitations . Section 463: Officials of the Provincial Government

6. During the governor's incumbency, they must have their official residence in the provincial capital. All elective and appointive provincial officials must hold office in the provincial capital. However, the sangguniang panlalawigan may resolve for officials to hold office in any component city or municipality within the province for up to seven days per month . Section 464: Residence and Office

7. OFFICIALS AND OFFICES COMMON TO ALL PROVINCES The Provincial Governor The provincial governor is the chief executive of the provincial government. The governor ensures efficient, effective, and economical governance for the general welfare of the province. Responsibilities include supervising programs, projects, and services, directing policy formulation, presenting government programs, proposing legislative measures, and appointing provincial officials and employees. The governor can implement emergency measures during and after disasters and calamities. Involves generating and maximizing resources and revenues, preparing budgets, ensuring tax collection, and managing provincial funds. Ensures the provision of basic services such as health, education, and infrastructure, and coordinates with national offices for technical services. Initiates and proposes legislative measures, provides data to the Sangguniang Panlalawigan , and presents the annual program of government. The governor's minimum monthly compensation corresponds to Salary Grade 30 under RA 6758 . Section 465 : The Chief Executive: Powers, Duties, Functions, and Compensation

8. THE PROVINCIAL VICE-GOVERNOR The vice-governor presides over the Sangguniang Panlalawigan and signs all warrants for expenditures appropriated for the Sangguniang Panlalawigan . Appoints officials and employees of the Sangguniang Panlalawigan , except those with specific appointment processes. Assumes the governor's office in case of permanent vacancy and exercises the governor's powers and duties in cases of temporary vacancy. The vice-governor's monthly compensation corresponds to Salary Grade 28 under RA 6758. Section 466: Powers, Duties, and Compensation The sangguniang panlalawigan is composed of the vice-governor as presiding officer, regular sanggunian members, the president of the provincial chapter of the liga ng mga barangay, the president of the panlalawigang pederasyon ng mga sangguniang kabataan , the president of the provincial federation of sanggunian members of municipalities and component cities, and sectoral representatives. Section 467: Composition THE SANGGUNIANG PANLALAWIGAN

9. The governor must have an official residence in the provincial capital. All elective and appointive provincial officials must hold office in the provincial capital. However, they may hold office in any component city or municipality within the province for up to seven days per month with the Sangguniang Panlalawigan's approval . Section 468: Powers, Duties, Functions, and Compensation APPOINTED LOCAL OFFICIALS COMMON TO ALL MUNICIPALITIES, CITIES AND PROVINCES Secretary to the Sanggunian The secretary to the sanggunian must be a career official with qualifications including a college degree, civil service eligibility, and relevant experience. The secretary attends sanggunian meetings, keeps a journal of proceedings, manages the seal of the local government unit, forwards approved ordinances, maintains records, and provides certified copies upon request. Section 469: Qualifications, Powers, and Duties

10. The Treasurer The treasurer is appointed by the Secretary of Finance from the list of eligible candidates provided by the governor or mayor, subject to civil service laws. Must be a Philippine citizen, resident of the local government unit, of good moral character, hold a relevant college degree, and have first grade civil service eligibility . Requires at least five years of treasury/accounting experience for city/provincial treasurers, three years for municipal treasurers. A treasurer is mandatory for all provincial, city, and municipal governments. Manage local funds, advises officials on public finance, disburses local funds, inspects establishments for tax compliance, maintains the tax information system, and supervises component city and municipal treasurers. Section 470: Appointment, Qualifications, Powers, and Duties Appointed by the Secretary of Finance from a list provided by the governor or mayor, subject to civil service laws. Must meet similar qualifications as the treasurer, including citizenship, residency, good moral character, relevant degree, civil service eligibility, and experience. The appointment of an assistant treasurer is optional for local government units. Assist the treasurer, performs assigned duties, and has the authority to administer oaths concerning tax delinquencies and official matters. Section 471: Assistant Treasurer

11. The Assessor Must be a Filipino citizen, local resident, of good moral character, with a relevant college degree, first grade civil service eligibility, and 5 years of relevant experience for city/provincial assessors (3 years for municipal). Required for all provincial, city, and municipal governments. Manage property appraisal and assessment for taxation, establish assessment methods, conduct surveys, maintain tax mapping systems, and supervise component assessors. Section 472: Qualifications, Powers, and Duties Must meet similar qualifications as the assessor, including citizenship, residency, good moral character, relevant degree, and civil service eligibility. Three years for city/provincial assistant assessors, one year for municipal assistant assessors. The position of assistant assessor is optional for local government units. Assist the assessor and perform assigned duties. Administer oaths related to property assessments. Section 473: Assistant Assessor

12. The Accountant Must be a Filipino citizen, local resident, of good moral character, certified public accountant, with 5 years of treasury/accounting experience for provincial/city accountants (3 years for municipal). Required for all provincial, city, and municipal governments. Oversee accounting and internal audit services, prepare financial statements, certify budgetary allotments, maintain ledgers, and manage financial records. Section 474: Qualifications, Powers and Duties Must be a Filipino citizen, local resident, of good moral character, with a relevant college degree, first grade civil service eligibility, and 5 years of government budgeting experience for provincial/city officers (3 years for municipal). Required for all provincial, city, and municipal governments. Manage budget office, coordinate budget preparation, review budget proposals, evaluate budget implications, and submit budget reports. Section 475 : Qualifications, Powers and Duties The Budget Officer

13. The Planning and Development Coordinator Must be a Filipino citizen, local resident, of good moral character, with a degree in urban planning or related field, first grade civil service eligibility, and 5 years of planning experience for provincial/city coordinators (3 years for municipal). Required for all provincial, city, and municipal governments. Formulate development plans, conduct research, coordinate development projects, analyze financial patterns, promote public participation in planning, and supervise the local development council secretariat. Section 476: Qualifications, Powers and Duties Must be a Filipino citizen, local resident, of good moral character, licensed civil engineer with 5 years of experience for provincial/city engineers (3 years for municipal). Required for all provincial, city, and municipal governments; also acts as the local building official. Manage infrastructure development and public works, advises on engineering matters, supervises construction and maintenance projects, provides engineering services, and exercises technical supervision over component city and municipal engineering offices. Section 477: Qualifications, Powers and Duties The Engineer

14. The Health Officer Must be a Filipino citizen, local resident, of good moral character, licensed medical practitioner with 5 years of experience for provincial/city health officers (3 years for municipal). Required for all provincial, city, and municipal governments. Manage health services, formulates program guidelines, supervises health personnel, implements health programs and projects, conducts health inspections, coordinates with other agencies, and supervises component city and municipal health officers. Section 478: Qualifications, Powers and Duties Must be a Filipino citizen, local resident, of good moral character, college degree, first grade civil service eligibility, 5 years of experience for city civil registrars (3 years for municipal). Required for city and municipal governments. Manage the civil registry, accepts registrable documents, maintains civil registry books, transcribes and enters documents, issues certified copies, receives applications for marriage licenses, coordinates educational campaigns, and assists in demographic statistics preparation. Section 479: Qualifications, Powers and Duties The Civil Registrar

15. The Administrator Must be a Filipino citizen, local resident, of good moral character, preferably with a degree in public administration, law, or related field, first grade civil service eligibility, 5 years of experience for provincial/city administrators (3 years for municipal). Coterminous with appointing authority. Required for provincial and city governments, optional for municipal governments. Oversee administrative support services, assists in coordinating the work of officials, establishes a personnel program, conducts organizational development, provide support services during disasters and advises on management and administration matters. Section 480: Qualifications, Terms, Powers and Duties Must be a Filipino citizen, local resident, of good moral character, member of the Philippine Bar, 5 years of experience for provincial/city legal officers (3 years for municipal). Coterminous with appointing authority. Required for provincial and city governments, optional for municipal governments. Act as chief legal counsel, manage legal services, represents the local government in legal matters, draft legal documents, investigates administrative neglect or misconduct and protect human rights. Section 481: Qualifications , Terms, Powers and Duties The Legal Officer

16. The Agriculturist Must be a Filipino citizen, local resident, of good moral character, college degree in agriculture or related field, first grade civil service eligibility, with 5 years of experience for provincial/city agriculturists (3 years for municipal). Mandatory for provincial governments, optional for city and municipal governments. Manage agricultural services, formulates agricultural measures, implements agricultural programs and projects, provides assistance to farmers and fishermen, conducts agricultural research, enforces agricultural regulations, coordinates with agencies, and advises on agricultural matters. Section 482: Qualifications, Powers and Duties Must be a Filipino citizen, local resident, of good moral character, licensed social worker or related degree, first grade civil service eligibility, with 5 years of experience for provincial/city officers (3 years for municipal). Mandatory for provincial and city governments, optional for municipal government. Manage social welfare services, formulates and implements welfare programs, provides relief and crisis intervention, facilitates welfare programs for vulnerable groups, supports youth welfare programs, coordinates with agencies, and advises on social welfare matters. Section 483: Qualifications , Powers and Duties The Social Welfare and Development Officer

17. The Environment and Natural Resources Officer Must be a Filipino citizen, local resident, of good moral character, degree in environment, forestry, agriculture or related field, first grade civil service eligibility, with 5 years of experience for provincial/city officers (3 years for municipal). Optional for provincial, city, and municipal governments. Manage environmental services, formulates environmental measures, implements environmental programs, establishes and maintains communal forests and other projects, coordinates pollution prevention measures, and advises on environmental matters . Section 484: Qualifications, Powers and Duties Must be a Filipino citizen, local resident, of good moral character, licensed architect, with 5 years of experience for provincial/city architects (3 years for municipal). - Optional for provincial, city, and municipal governments. - Manage architectural planning and design, formulates architectural measures, implements architectural programs and projects, prepares and recommends architectural plans, reviews architectural designs, coordinates with entities on land and water use, and advises on architectural matters. Section 485: Qualifications , Powers and Duties The Architect

18. The Information Officer Must be a Filipino citizen, local resident, of good moral character, degree in journalism, mass communication or related field, first grade civil service eligibility, with 3 years of experience for provincial/city officers (1 year for municipal). Optional for provincial, city, and municipal governments. Coterminous with appointing authority. The information officer manages public information services, formulates public information measures, implements information programs, provides relevant information to the public, maintains liaison with community sectors, advises on public information matters, and supports emergency information dissemination. Section 486: Qualifications, Powers and Duties Must be a Filipino citizen, local resident, of good moral character, degree in business administration with cooperative training or related field, first grade civil service eligibility, with 5 years of experience for provincial/city officers (3 years for municipal). Optional for provincial and city governments. Manage cooperatives development, formulates cooperatives measures, implements cooperatives programs, assists in organizing cooperatives, provides technical assistance, establishes linkages with agencies, supports cooperatives during disasters, and advises on cooperatives matters. Section 487: Qualifications , Powers and Duties The Cooperatives Officer

19. The Population Officer Must be a Filipino citizen, local resident, of good moral character, degree with specialized training in population development, first grade civil service eligibility, with 5 years of experience for provincial/city officers (3 years for municipal). Optional (after 5 years) for provinces and cities. Manage population development services, formulates population measures, implements population programs, maintains a data bank, conducts educational programs on population development, and advises on population matters. Section 488: Qualifications, Powers and Duties Must be a Filipino citizen, local resident, of good moral character, licensed doctor of veterinary medicine, with 3 years of experience for provincial/city veterinarians (1 year for municipal). Mandatory for provincial and city governments. Manage veterinary services, formulates veterinary measures, implements veterinary programs, advises on animal slaughter and regulation, inspects poultry and dairy products, enforces laws on animal cruelty, manages animal disease prevention, supports veterinary activities during emergencies, and advises on veterinary matters. Section 489: Qualifications , Powers and Duties The Veterinarian

20. The General Services Officer Must be a Filipino citizen, local resident, of good moral character, degree in public administration, business administration, or management, first grade civil service eligibility, with 5 years of experience for provincial/city officers (3 years for municipal). Mandatory for provincial and city governments. Manage general services, formulates general services measures, implements general services programs, manages local government properties, assigns building or land space, recommends rental rates, supervises janitorial and security services, maintains records, leads general services during emergencies, and advises on general services matters. Section 490: Qualifications, Powers and Duties

21. LEAGUES OF LOCAL GOVERNMENT UNITS Liga ng Mga Barangay The liga ng mga barangay represents all barangays, determines their representation in sanggunians , articulates issues affecting barangay government administration, and seeks solutions to these issues. Section 491: Purpose of Organization Section 492: Representation , Chapters , National Liga Every barangay is represented in the liga by the punong barangay or an elected sanggunian member. The liga has chapters at municipal, city, provincial, and metropolitan political subdivision levels. Presidents of municipal and city chapters form the provincial or metropolitan political subdivision chapter. The national liga is composed of presidents of highly-urbanized cities, provincial chapters, and metropolitan political subdivision chapters. The liga at each level directly elects a president, vice-president, and five members of the board of directors. The board appoints a secretary and treasurer and creates other necessary positions. A secretary-general, elected from national liga members, manages national operations. Section 493: Organization

22. Section 494: Ex-Officio Membership in Sanggunians Liga presidents serve as ex-officio members of local sanggunians during their term of office. Section 495: Powers, Functions, and Duties of the Liga The Liga prioritizes programs aimed at the comprehensive development of barangays. These programs align with national government policies, programs, and projects. It assists in educating barangay residents to actively participate in local government administration. This fosters unified and concerted efforts to achieve national development goals. The Liga supplements government efforts in creating employment opportunities within barangays, thereby supporting local economic development. Measures are adopted to promote the welfare of barangay officials, recognizing their crucial role in community governance. It serves as a forum where barangays can establish connections and partnerships with both government and non-governmental organizations (NGOs). This promotes the social, economic, and political well-being of barangays. The Liga is empowered to exercise additional powers and perform other duties that strengthen barangay ties and enhance the welfare of barangay residents .

23. League of Municipalities The league of municipalities represents all municipalities, articulates issues affecting municipal government administration, and seeks solutions to these issues. Section 496: Purpose of Organization Section 497: Representation Every municipality is represented in the league by the mayor or a designated member. The league assists the national government in formulating and implementing policies, promotes local autonomy, adopts measures for municipal welfare, encourages public participation in local administration, creates employment opportunities, supports municipal development, serves as a forum for municipalities, and seeks cooperation with the private sector. Section 498: Powers, Functions, and Duties of the League of Municipalities

24. League of Cities The league of cities represents all cities, articulates issues affecting city government administration, and seeks solutions to these issues. Section 499: Purpose of Organization Section 500: Representation Every city is represented in the league by the mayor or a designated member. The league assists the national government, promotes local autonomy, adopts measures for city welfare, encourages public participation in local administration, creates employment opportunities, supports city development, serves as a forum for cities, and seeks cooperation with the private sector. Section 501: Powers, Functions, and Duties of the League of C ities

25. League of Provinces The league of provinces represents all provinces, articulates issues affecting provincial government administration, and seeks solutions to these issues. Section 502: Purpose of Organization Section 503: Representation Every province is represented in the league by the governor or a designated member. The league assists the national government, promotes local autonomy, adopts measures for provincial welfare, encourages public participation in local administration, creates employment opportunities, supports provincial development, serves as a forum for provinces, and seeks cooperation with the private sector . Section 504: Powers, Functions, and Duties of the League of Provinces

26. Provisions Common to All Leagues Leagues fund their activities through contributions from member local government units and fund-raising projects. Funds are managed by the league's treasurer, deposited as trust funds, and disbursed according to board resolutions, subject to accounting and auditing rules. Section 505: Funding Section 506: Organizational Structure Leagues for municipalities, cities, and provinces elect boards of directors and officers at the chapter and national levels. A secretary-general manages national league operations. Boards may create other positions for effective management . Leagues adopt constitutions and by-laws governing their internal organization and operations, conforming to the Constitution and existing laws. Section 507: Constitution and By-laws of the Liga and the Leagues

27. Leagues and Federation of Local Elective Officials Vice-governors, vice-mayors, sanggunian members, and other elective local officials can form their respective leagues or federations. Sanggunian members of component cities and municipalities form a provincial federation with elected officers. Section 508: Organization Section 509: Constitution and By-laws Leagues and federations adopt constitutions and by-laws for their internal organization and operation, conforming to existing laws. Leagues and federations can finance their activities through member contributions, fund-raising projects, and potential appropriations from local government units, provided funds are available. This approach ensures financial flexibility, enabling these organizations to support their initiatives and operations through diverse funding sources, thereby promoting their sustainability and autonomy in governance and activities. Section 510: Funding

28. Thank you!