Reporma Konstitusyonal: Draft Bill to Revise the Local Government Code

Republic of the Philippines

SENATE OF THE PHILIPPINES

Pasay City

EIGHTEENTH CONGRESS

First Regular Session

SENATE BILL No. ____

Introduced by HON. JUAN MAKABAYAN

_______________________________________________________________________

AN ACT TO RATIONALIZE LOCAL GOVERNANCE, STRENGTHEN LOCAL GOVERNMENT UNITS, PROVIDE FOR JOINT RESPONSIBILITY AND IMMEDIATE ACCOUNTABILITY, AND REVISE THE LOCAL GOVERNMENT CODE

EXPLANATORY NOTE

This bill seeks to rationalize local governance, strengthen local government units, provide for joint responsibility and immediate accountability, and revise the Local Government Code. To this end, the bill provides for the delineation of functions, consolidation of powers, removal through a no-confidence vote, and extension of term of office.

The comprehensive delineation of functions of the national and local governments promotes consistency in the enforcement of government policy, by avoiding the overlap of jurisdiction by separate government bodies over the same subject matter. Furthermore, it promotes the efficient use of government resources, by avoiding the duplication of functions. Finally, it promotes the speedy implementation of government programs and projects, by avoiding delays caused by conflicts of jurisdiction.

The consolidation of local government powers in cities and municipalities promotes the efficient use of government resources, by avoiding the overlap of jurisdiction by separate government subdivisions over the same local territory. Notably, the cities and municipalities collectively, cover the entire national territory without any overlap of territorial jurisdiction. Furthermore, the municipal and city governments constitute the basic government structure in present day human settlements. While barangays were the dominant human settlements throughout the archipelago up to the 15th century, these smaller size settlements have since given way to larger development in the mold of municipalities and cities. Compared to the provincial governments, the municipal and city governments are closer to the people in present day municipalities and cities. Compared to the barangay governments, the municipal and city governments are more capable and better equipped to promote the general welfare, deliver basic services, and enforce peace and order throughout the entire municipality of city.

The consolidation of legislative and executive powers in the local sanggunian strengthens the local government units, by merging all political powers in one political body, and by avoiding institutional deadlocks between the local legislature and the local chief executive.

The vesting in a collegial body, of the power to “hire-and-fire” the local chief executive, promotes good governance, by providing for joint responsibility, and immediate accountability through the no-confidence vote.

The extension of terms from three (3) to five (5 years of local legislators and executives strengthens the local government units, by promoting stability through long tenure in office, subject however to periodic validation of the voters' mandate. Nonetheless, the maximum of three (3) consecutive terms is retained to avoid permanent tenure.

In view of the foregoing, the immediate approval of this measure is earnestly requested.

Republic of the Philippines

SENATE OF THE PHILIPPINES

Pasay City

EIGHTEENTH CONGRESS

First Regular Session

SENATE BILL No. ____

Introduced by HON. JUAN MAKABAYAN

_______________________________________________________________________

AN ACT TO RATIONALIZE LOCAL GOVERNANCE, STRENGTHEN LOCAL GOVERNMENT UNITS, PROVIDE FOR JOINT RESPONSIBILITY AND IMMEDIATE ACCOUNTABILITY, AND REVISE THE LOCAL GOVERNMENT CODE

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

PART I. Delineation of national and local government functions

SECTION 1. A new Subsection 2(d) of Republic Act No. 7160 is hereby provided to read as follows:

“SECTION 2. Declaration of Policy.- … (D) DEVOLVED LOCAL AUTONOMY SHALL IN ALL CASES BE SUBJECT TO THE PRINCIPLE OF SUPREMACY OF THE NATIONAL GOVERNMENT OVER THE LOCAL GOVERNMENT, CONSISTENT WITH THE UNITARY SYSTEM OF GOVERNMENT OF THE STATE. LOCAL AUTONOMY SHALL NOT BE CONSTRUED TO EMPOWER LOCAL GOVERNMENT UNITS TO OBSTRUCT OR DISRUPT THE FORMULATION OR IMPLEMENTATION OF NATIONAL GOVERNMENT POLICIES, PROGRAMS OR PROJECTS.”

SECTION 2. New Subsections 3(n), 3(o) and 3(p) of Republic Act No. 7160 are hereby provided to read as follows:

“SECTION 3. Operative Principles of Decentralization.- … (N) DEVOLVED LOCAL AUTONOMY SHALL NOT BE CONSTRUED TO EMPOWER LOCAL GOVERNMENT UNITS TO AUTHORIZE ACTS OR OMISSIONS EXPRESSLY PROHIBITED BY THE NATIONAL GOVERNMENT, NOR TO PROHIBIT ACTS OR OMISSIONS EXPRESSLY AUTHORIZED BY THE NATIONAL GOVERNMENT.

“(O) DEVOLVED LOCAL AUTONOMY SHALL NOT BE CONSTRUED TO EMPOWER LOCAL GOVERNMENT UNITS TO OBSTRUCT OR DISRUPT, OR CAUSE THE OBSTRUCTION OR DISRUPTION, OF THE FORMULATION OR IMPLEMENTATION OF NATIONAL GOVERNMENT POLICIES, PROGRAMS OR PROJECTS, BY DIRECT OR INDIRECT MEASURES, SUCH AS THE ENACTMENT OF ORDINANCES, ISSUANCE OF EXECUTIVE ORDERS, OR WITHHOLDING OF PERMITS, LICENSES OR CLEARANCES NOTWITHSTANDING COMPLIANCE WITH THE APPLICABLE REQUIREMENTS.

“(P) IN CASE OF CONFLICT BETWEEN NATIONAL GOVERNMENT STANDARDS AND LOCAL GOVERNMENT STANDARDS, THE FORMER SHALL PREVAIL OVER THE LATTER, FOR PURPOSES OF THE ISSUANCE OF PERMITS, LICENSES OR CLEARANCES BY LOCAL GOVERNMENT UNITS, IN CONNECTION WITH THE IMPLEMENTATION OF PROGRAMS OR PROJECTS ADOPTED, CONDUCTED OR AUTHORIZED BY THE NATIONAL GOVERNMENT.”

SECTION 3. A new Section 17A of Republic Act No. 7160 is hereby provided to read as follows:

“SECTION 17A. Basic Services and Facilities; Public Roads.- THE MASTER PLAN, DESIGN, CONSTRUCTION AND MAINTENANCE OF NATIONAL ROADS AND BRIDGES SHALL BE THE RESPONSIBILITY OF THE NATIONAL GOVERNMENT ACTING THROUGH ITS IMPLEMENTING AGENCY. THE MASTER PLAN, DESIGN, CONSTRUCTION AND MAINTENANCE OF CITY, MUNICIPAL, PROVINCIAL AND BARANGAY ROADS AND BRIDGES, SHALL BE THE RESPONSIBILITY OF THE CITY, MUNICIPAL, PROVINCIAL AND BARANGAY GOVERNMENTS RESPECTIVELY, PROVIDED THAT THE MASTER PLAN AND DESIGN OF LOCAL ROADS AND BRIDGES SHALL IN ALL CASES BE CONSISTENT WITH THE MASTER PLAN AND DESIGN OF NATIONAL ROADS AND BRIDGES. IN CASE OF IRRECONCILABLE INCONSISTENCY, THE NATIONAL GOVERNMENT THROUGH ITS IMPLEMENTING AGENCY SHALL BE EMPOWERED TO SUSPEND OR ENJOIN ON TEMPORARY OR PERMANENT BASIS THE IMPLEMENTATION BY THE LOCAL GOVERNMENT CONCERNED OF THE LOCAL MASTER PLAN AND DESIGN.

“THE MANAGEMENT OF TRAFFIC IN NATIONAL ROADS AND BRIDGES SHALL BE THE RESPONSIBILITY OF THE NATIONAL GOVERNMENT ACTING THROUGH ITS IMPLEMENTING AGENCY, WHILE THE MANAGEMENT OF TRAFFIC IN CITY, MUNICIPAL, PROVINCIAL AND BARANGAY ROADS AND BRIDGES, SHALL BE THE RESPONSIBILITY OF THE CITY, MUNICIPAL, PROVINCIAL AND BARANGAY GOVERNMENTS RESPECTIVELY. IF IN ANY CASE THE TRAFFIC IN LOCAL ROADS AND BRIDGES AFFECT THE TRAFFIC IN NATIONAL ROADS AND BRIDGES, THE NATIONAL GOVERNMENT THROUGH ITS IMPLEMENTING AGENCY SHALL BE EMPOWERED TO ASSUME ON TEMPORARY OR PERMANENT BASIS, THE MANAGEMENT OF TRAFFIC IN THE LOCAL ROADS AND BRIDGES CONCERNED UPON WRITTEN NOTICE TO THE LOCAL CHIEF EXECUTIVE.

“THE NATIONAL GOVERNMENT THROUGH ITS IMPLEMENTING AGENCY MAY IN THE NATIONAL INTEREST DEVOLVE TO THE LOCAL GOVERNMENT, SUBJECT TO ACCEPTANCE BY THE LOCAL GOVERNMENT SANGGUNIAN CONCERNED, THE RESPONSIBILITY TO CONSTRUCT AND MAINTAIN NATIONAL ROADS AND BRIDGES. NO DEVOLUTION MADE AND ACCEPTED SHALL BE IRREVOCABLE. THE DEVOLUTION OF THE RESPONSIBILITY TO CONSTRUCT AND MAINTAIN NATIONAL ROADS AND BRIDGES MAY IN THE NATIONAL INTEREST BE SUSPENDED OR REVOKED AT ANY TIME BY THE NATIONAL GOVERNMENT THROUGH ITS IMPLEMENTING AGENCY.

“THE NATIONAL GOVERNMENT THROUGH ITS IMPLEMENTING AGENCY MAY IN THE NATIONAL INTEREST DEVOLVE TO THE LOCAL GOVERNMENT, SUBJECT TO ACCEPTANCE BY THE LOCAL GOVERNMENT SANGGUNIAN CONCERNED, THE RESPONSIBILITY TO MANAGE TRAFFIC IN NATIONAL ROADS AND BRIDGES. NO DEVOLUTION MADE AND ACCEPTED SHALL BE IRREVOCABLE. THE DEVOLUTION OF THE RESPONSIBILITY TO MANAGE TRAFFIC IN NATIONAL ROADS AND BRIDGES MAY IN THE NATIONAL INTEREST BE SUSPENDED OR REVOKED AT ANY TIME BY THE NATIONAL GOVERNMENT THROUGH ITS IMPLEMENTING AGENCY.

“THE NATIONAL GOVERNMENT THROUGH THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS SHALL IN ACCORDANCE WITH THE ADMINISTRATIVE CODE, BE EMPOWERED TO CLASSIFY ROADS AND HIGHWAYS INTO NATIONAL, CITY, MUNICIPAL, PROVINCIAL AND BARANGAY ROADS AND HIGHWAYS, BASED ON OBJECTIVE CRITERIA, AND PROVIDE OR AUTHORIZE THE CONVERSION OF ROADS AND HIGHWAYS FROM ONE CATEGORY TO ANOTHER.”

PART II. Consolidation of local government powers in cities and municipalities

SECTION 4. Subsection 17(b) of Republic Act No. 7160 is hereby amended to read as follows:

[CLAUSE OPTION 1: SUBSECTION 17(B)]

“SECTION 17. Basic Services and Facilities.- ... (B) SUCH BASIC SERVICES AND FACILITIES FOR THE PROVINCES, CITIES, MUNICIPALITIES AND BARANGAYS, SHALL TO THE EXTENT APPLICABLE, INCLUDE BUT NOT BE LIMITED TO THOSE UNDER (1)(i)-(1)(viii), (2)(i)-(2)(xii), (3)(i)-(3)(xii), AND (4)(i)-(4)(j). SPECIFIC REFERENCES TO THE BARANGAY, MUNICIPALITY, PROVINCE AND CITY UNDER 17(B)(1), 17(B)(2), 17(B)(3), AND 17(B)(4) RESPECTIVELY ARE DELETED.

“EACH CITY AND MUNICIPALITY MAY BY ORDINANCE APPROVED BY A MAJORITY OF ALL THE MEMBERS OF ITS SANGGUNIAN, LIMIT THE POWER OF ITS COMPONENT BARANGAYS TO PROVIDE BASIC SERVICES AND FACILITIES, TO PROMOTE LOCAL INTEREST, OR TO AVOID THE DUPLICATION OF FUNCTIONS OR CONFLICT OF JURISDICTION.

“EACH CITY AND MUNICIPALITY MAY BY ORDINANCE APPROVED BY A MAJORITY OF ALL THE MEMBERS OF ITS SANGGUNIAN, LIMIT THE POWER OF ITS MOTHER PROVINCE, TO PROVIDE BASIC SERVICES AND FACILITIES IN THE CITY OR MUNICIPALITY, TO PROMOTE LOCAL INTEREST, OR TO AVOID THE DUPLICATION OF FUNCTIONS OR CONFLICT OF JURISDICTION.

“ANY LIMITATION OF THE POWER OF THE COMPONENT BARANGAYS OR MOTHER PROVINCE, TO PROVIDE BASIC SERVICES AND FACILITIES, MAY IN THE LOCAL INTEREST BE WITHDRAWN BY THE CITY OR MUNICIPALITY BY MAJORITY VOTE OF ALL THE MEMBERS OF THE CITY OR MUNICIPAL SANGGUNIAN CONCERNED.”

[CLAUSE OPTION 2: SUBSECTION 17(B)]

“SECTION 17. Basic Services and Facilities.- ... (B) SUCH BASIC SERVICES AND FACILITIES FOR THE CITIES AND MUNICIPALITIES, SHALL TO THE EXTENT APPLICABLE, INCLUDE BUT NOT BE LIMITED TO THOSE UNDER (1)(i)-(1)(viii), (2)(i)-(2)(xii), (3)(i)-(3)(xii), AND (4)(i)-(4)(j). SPECIFIC REFERENCES TO THE BARANGAY, MUNICIPALITY, PROVINCE AND CITY UNDER 17(B)(1), 17(B)(2), 17(B)(3), AND 17(B)(4) RESPECTIVELY ARE DELETED.

“EACH CITY AND MUNICIPALITY MAY BY ORDINANCE APPROVED BY A MAJORITY OF ALL THE MEMBERS OF ITS SANGGUNIAN, DEVOLVE TO ITS COMPONENT BARANGAYS THE POWER TO PROVIDE BASIC SERVICES AND FACILITIES WITHIN THE RESPECTIVE BARANGAYS, TO PROMOTE LOCAL INTEREST.

“EACH CITY AND MUNICIPALITY MAY BY ORDINANCE APPROVED BY A MAJORITY OF ALL THE MEMBERS OF ITS SANGGUNIAN, DEVOLVE TO ITS MOTHER PROVINCE, THE POWER TO PROVIDE BASIC SERVICES WITHIN THE CITY OR MUNICIPALITY, TO PROMOTE LOCAL INTEREST.

“THE POWER TO PROVIDE BASIC SERVICES AND FACILITIES DEVOLVED TO COMPONENT BARANGAYS OR MOTHER PROVINCE, MAY BE WITHDRAWN BY THE CITY OR MUNICIPALITY BY MAJORITY VOTE OF ALL THE MEMBERS OF THE CITY OR MUNICIPAL SANGGUNIAN CONCERNED, TO PROMOTE LOCAL INTEREST, OR TO AVOID THE DUPLICATION OF FUNCTIONS OR CONFLICT OF JURISDICTION.”

[(b) Such basic services and facilities include, but are not limited to, the following:

(1) For Barangay:

(i) Agricultural support services which include planting materials distribution system and operation of farm produce collection and buying stations;

(ii) Health and social welfare services which include maintenance of barangay health center and day-care center;

(iii) Services and facilities related to general hygiene and sanitation, beautification, and solid waste collection;

(iv) Maintenance of katarungang pambarangay;

(v) Maintenance of barangay roads and bridges and water supply systems;

(vi) Infrastructure facilities such as multi-purpose hall, multipurpose pavement, plaza, sports center, and other similar facilities;

(vii) Information and reading center; and

(viii) Satellite or public market, where viable;

(2) For a Municipality:

(i) Extension and on-site research services and facilities related to agriculture and fishery activities which include dispersal of livestock and poultry, fingerlings, and other seedling materials for aquaculture; palay, corn, and vegetable seed farms; medicinal plant gardens; fruit tree, coconut, and other kinds of seedling nurseries; demonstration farms; quality control of copra and improvement and development of local distribution channels, preferably through cooperatives; interbarangay irrigation system; water and soil resource utilization and conservation projects; and enforcement of fishery laws in municipal waters including the conservation of mangroves;

(ii) Pursuant to national policies and subject to supervision, control and review of the DENR, implementation of community-based forestry projects which include integrated social forestry programs and similar projects; management and control of communal forests with an area not exceeding fifty (50) square kilometers; establishment of tree parks, greenbelts, and similar forest development projects;

(iii) Subject to the provisions of Title Five, Book I of this Code, health services which include the implementation of programs and projects on primary health care, maternal and child care, and communicable and non-communicable disease control services, access to secondary and tertiary health services; purchase of medicines, medical supplies, and equipment needed to carry out the services herein enumerated;

(iv) Social welfare services which include programs and projects on child and youth welfare, family and community welfare, women's welfare, welfare of the elderly and disabled persons; community-based rehabilitation programs for vagrants, beggars, street children, scavengers, juvenile delinquents, and victims of drug abuse; livelihood and other pro-poor projects; nutrition services; and family planning services;

(v) Information services which include investments and job placement information systems, tax and marketing information systems, and maintenance of a public library;

(vi) Solid waste disposal system or environmental management system and services or facilities related to general hygiene and sanitation;

(vii) Municipal buildings, cultural centers, public parks including freedom parks, playgrounds, and other sports facilities and equipment, and other similar facilities;

(viii) Infrastructure facilities intended primarily to service the needs of the residents of the municipality and which are funded out of municipal funds including but not limited to, municipal roads and bridges; school buildings and other facilities for public elementary and secondary schools; clinics, health centers and other health facilities necessary to carry out health services; communal irrigation, small water impounding projects and other similar projects; fish ports; artesian wells, spring development, rainwater collectors and water supply systems; seawalls, dikes, drainage and sewerage, and flood control; traffic signals and road signs; and similar facilities;

(ix) Public markets, slaughterhouses and other municipal enterprises;

(x) Public cemetery;

(xi) Tourism facilities and other tourist attractions, including the acquisition of equipment, regulation and supervision of business concessions, and security services for such facilities; and

(xii) Sites for police and fire stations and substations and municipal jail;

(3) For a Province:

(i) Agricultural extension and on-site research services and facilities which include the prevention and control of plant and animal pests and diseases; dairy farms, livestock markets, animal breeding stations, and artificial insemination centers; and assistance in the organization of farmers and fishermen's cooperatives, and other collective organizations, as well as the transfer of appropriate technology;

(ii) Industrial research and development services, as well as the transfer of appropriate technology;

(iii) Pursuant to national policies and subject to supervision, control and review of the DENR, enforcement of forestry laws limited to community-based forestry projects, pollution control law, small-scale mining law, and other laws on the protection of the environment; and mini-hydroelectric projects for local purposes;

(iv) Subject to the provisions of Title Five, Book I of this Code, health services which include hospitals and other tertiary health services;

(v) Social welfare services which include programs and projects on rebel returnees and evacuees; relief operations; and population development services;

(vi) Provincial buildings, provincial jails, freedom parks and other public assembly areas and similar facilities;

(vii) Infrastructure facilities intended to service the needs of the residence of the province and which are funded out of provincial funds including, but not limited to, provincial roads and bridges; inter-municipal waterworks, drainage and sewerage, flood control, and irrigation systems; reclamation projects; and similar facilities;

(viii) Programs and projects for low-cost housing and other mass dwellings, except those funded by the Social Security System (SSS), Government Service Insurance System p. 172 (GSIS), and the Home Development Mutual Fund (HDMF): Provided, That national funds for these programs and projects shall be equitably allocated among the regions in proportion to the ratio of the homeless to the population;

(ix) Investment support services, including access to credit financing;

(x) Upgrading and modernization of tax information and collection services through the use of computer hardware and software and other means;

(xi) Inter-municipal telecommunications services, subject to national policy guidelines; and

(xii) Tourism development and promotion programs;

(4) For a City:

All the services and facilities of the municipality and province, and in addition thereto, the following:

(1) Adequate communication and transportation facilities;]

SECTION 5. Section 48 of Republic Act No. 7160 is hereby amended to read as follows:

“SECTION 48. Local Legislative Power.- LOCAL LEGISLATIVE POWER SHALL BE EXERCISED BY THE SANGGUNIANG PANGLUNGSOD FOR THE CITY, AND THE SANGGUNIANG BAYAN FOR THE MUNICIPALITY.

“LOCAL LEGISLATIVE POWER SHALL ALSO BE EXERCISED BY THE SANGGUNIANG PANLALAWIGAN FOR THE PROVINCE, AND SANGGUNIANG BARANGAY FOR THE BARANGAY, SUBJECT TO THE LIMITATIONS ON THE LEGISLATIVE POWER OF THE SAID POLITICAL SUBDIVISIONS UNDER THIS CODE, INCLUDING BUT NOT LIMITED TO THE LIMITATIONS THAT MAY BE IMPOSED BY THE CITY OR MUNICIPALITY CONCERNED.”

[Local Legislative Power. - Local legislative power shall be exercised by the sangguniang panlalawigan for the province; the sangguniang panlungsod for the city; the sangguniang bayan for the municipality; and the sangguniang barangay for the barangay.]

SECTION 6. A new Section 48A of Republic Act No. 7160 is hereby provided to read as follows:

“SECTION 48A. Local Legislative Power; Franchises; Land Transportation.- SUBJECT TO THE GUIDELINES AND IMPLEMENTING RULES AND REGULATIONS ISSUED IN THE NATIONAL INTEREST BY THE IMPLEMENTING AGENCY OF THE NATIONAL GOVERNMENT, THE CITY SANGGUNIAN AND MUNICIPAL SANGGUNIAN RESPECTIVELY SHALL IN THE LOCAL INTEREST BE EMPOWERED TO REGULATE OR RESTRICT, AUTHORIZE, LIMIT, PROHIBIT ON TEMPORARY OR PERMANENT BASIS,THE OPERATION OF PUBLIC UTILITY MOTORCYCLES, SCOOTERS AND MINI-VANS OR MINI-TRUCKS, AND GRANT FRANCHISES FOR THE OPERATION THEREOF WITHIN THE TERRITORIAL JURISDICTION OF THE CITY AND MUNICIPALITY CONCERNED. UNLESS OTHERWISE PROVIDED BY GOVERNMENT REGULATIONS, MOTORCYCLES AND SCOOTERS SHALL BE OF TWO, THREE OR FOUR WHEELS, AND MINI-VANS OR MINI-TRUCKS SHALL BE PASSENGER VEHICLES WITH CARRYING CAPACITY OF NOT MORE THAN SEVEN (7) PASSENGERS EXCLUDING THE OPERATOR.

“ANY FRANCHISE APPROVED BY THE CITY SANGGUNIAN OR MUNICIPAL SANGGUNIAN SHALL INCLUDE WITHIN ITS COVERAGE ONLY LOCAL GOVERNMENT ROADS, AND SHALL EXCLUDE NATIONAL GOVERNMENT ROADS EXCEPT TO CROSS SUCH ROADS AT INTERSECTIONS. NO LOCAL FRANCHISE SHALL BE ISSUED ALLOWING THE FRANCHISED VEHICLE TO TRAVERSE NATIONAL ROADS, EXCEPT TO CROSS SUCH ROADS AT INTERSECTIONS.

“REGULATIONS ISSUED BY THE NATIONAL GOVERNMENT OR THE CITY GOVERNMENT OR MUNICIPAL GOVERNMENT CONCERNED MAY PRESCRIBE COMPLIANCE WITH MANUFACTURER'S SPECIFICATIONS ON BODY SIZE AND MAXIMUM LOAD, AS WELL AS CAPACITY TO COMPLY WITH MINIMUM AND MAXIMUM SPEEDS AS MAY BE APPLICABLE, AMONG OTHER ASPECTS OF VEHICLE OPERATION TO PROMOTE SPEEDY BUT SAFE TRANSPORTATION. NO REGULATION SHALL BE ISSUED ALLOWING MORE PASSENGERS OR MORE FREIGHT OR CARGO IN THE VEHICLE THAN ITS REGISTERED CARRYING CAPACITY.”

SECTION 7. A new Section 48B of Republic Act No. 7160 is hereby amended to read as follows:

“SECTION 48B. Local Legislative Power; Franchises; Water Transportation.- SUBJECT TO THE GUIDELINES AND IMPLEMENTING RULES AND REGULATIONS ISSUED IN THE NATIONAL INTEREST BY THE IMPLEMENTING AGENCY OF THE NATIONAL GOVERNMENT, THE CITY SANGGUNIAN AND MUNICIPAL SANGGUNIAN RESPECTIVELY SHALL IN THE LOCAL INTEREST BE EMPOWERED TO REGULATE OR RESTRICT, AUTHORIZE, LIMIT, PROHIBIT ON TEMPORARY OR PERMANENT BASIS,THE OPERATION OF PUBLIC UTILITY BOATS, OUTRIGGER BOATS, CATAMARANS, AND TRIMARANS, AND GRANT FRANCHISES FOR THE OPERATION THEREOF WITHIN THE MUNICIPAL WATERS OF THE CITY AND MUNICIPALITY CONCERNED. UNLESS OTHERWISE PROVIDED BY GOVERNMENT REGULATIONS, BOATS SHALL REFER TO WATER VESSELS WITH CARRYING CAPACITY OF NOT MORE THAN SEVEN (7) PASSENGERS EXCLUDING THE OPERATOR.

SECTION 8. A new Section 48C of Republic Act No. 7160 is hereby amended to read as follows:

“SECTION 48C. Local Legislative Power; Franchises; Community Radio.- SUBJECT TO THE GUIDELINES AND IMPLEMENTING RULES AND REGULATIONS ISSUED IN THE NATIONAL INTEREST BY THE IMPLEMENTING AGENCY OF THE NATIONAL GOVERNMENT, THE CITY SANGGUNIAN AND MUNICIPAL SANGGUNIAN RESPECTIVELY SHALL IN THE LOCAL INTEREST BE EMPOWERED TO REGULATE OR RESTRICT, AUTHORIZE, LIMIT, PROHIBIT ON TEMPORARY OR PERMANENT BASIS,THE OPERATION OF PUBLIC UTILITY COMMUNITY RADIOS, AND GRANT FRANCHISES FOR THE OPERATION THEREOF WITHIN THE TERRITORIAL JURISDICTION OF THE CITY AND MUNICIPALITY CONCERNED. UNLESS OTHERWISE PROVIDED BY NATIONAL GOVERNMENT REGULATIONS, MUNICIPAL RADIO STATIONS SHALL HAVE A MAXIMUM RANGE OF TEN (10) KILOMETERS, WITH TRANSMITTERS HAVING A MAXIMUM EFFECTIVE RADIATED POWER (ERP) OF 100 WATTS UNLESS THE TERRAIN WARRANTS A HIGHER ERP TO COVER THE MAXIMUM RANGE, AND ANTENNA WITH MAXIMUM HEIGHT OF THIRTY (30) METERS AND MINIMUM HEIGHT OF FIFTEEN (15) METERS.”

[NOTE: See Community Radio Stations in India. http://edaa.in/Transmission_%20Power.php.]

SECTION 9. Section 129 of Republic Act No. 7160 is hereby amended to read as follows:

“SECTION 129. Power to Create Sources of Revenue.- EACH CITY AND MUNICIPALITY SHALL EXERCISE ITS POWER TO CREATE ITS OWN SOURCES OF REVENUE AND TO LEVY TAXES, FEES, AND CHARGES SUBJECT TO THE PROVISIONS HEREIN, CONSISTENT WITH THE BASIC POLICY OF LOCAL AUTONOMY.

“EACH CITY AND MUNICIPALITY MAY BY ORDINANCE APPROVED BY A MAJORITY OF ALL THE MEMBERS OF ITS SANGGUNIAN, DEVOLVE TO ITS COMPONENT BARANGAYS THE POWER TO LEVY TAXES, FEES AND CHARGES OVER ACTIVITIES CONDUCTED AND/OR PROPERTIES LOCATED WITHIN THE RESPECTIVE BARANGAYS, TO PROMOTE LOCAL INTEREST.

“EACH CITY AND MUNICIPALITY MAY BY ORDINANCE APPROVED BY A MAJORITY OF ALL THE MEMBERS OF ITS SANGGUNIAN, DEVOLVE TO ITS MOTHER PROVINCE, THE POWER TO LEVY TAXES, FEES AND CHARGES OVER ACTIVITIES CONDUCTED AND/OR PROPERTIES LOCATED WITHIN THE CITY OR MUNICIPALITY, TO PROMOTE LOCAL INTEREST.

“UPON DEVOLUTION OF THE POWER TO LEVY TAXES, FEES AND CHARGES, THE CITY OR MUNICIPALITY SHALL IPSO FACTO LOSE THE POWER TO LEVY SUCH TAXES, FEES AND CHARGES SIMILAR TO THOSE DEVOLVED, IN ORDER TO AVOID DOUBLE TAXATION OR REGULATION.

“THE POWER TO LEVY TAXES DEVOLVED TO BARANGAYS OR PROVINCES MAY IN THE LOCAL INTEREST BE REVERTED BACK TO THE CITY OR MUNICIPALITY BY MAJORITY VOTE OF ALL THE MEMBERS OF THE CITY OR MUNICIPAL SANGGUNIAN CONCERNED.”

[Power to Create Sources of Revenue. - Each local government unit shall exercise its power to create its own sources of revenue and to levy taxes, fees, and charges subject to the provisions herein, consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the local government units.]

SECTION 10. A new Section 129A of Republic Act No. 7160 is hereby provided to read as follows:

“SECTION 129A. Distribution of Proceeds.- THE PROCEEDS OF TAXES, FEES AND CHARGED LEVIED BY THE CITY OR MUNICIPALITY SHALL BE DISTRIBUTED AS FOLLOWS:

“(A) TWENTY FIVE PERCENT (25%) SHALL ACCRUE TO THE GENERAL FUND OF THE MOTHER PROVINCE;

“(B) FIFTY PERCENT (50%) SHALL ACCRUE TO THE GENERAL FUND OF THE CITY OR MUNICIPALITY; IF A CITY OR MUNICIPALITY IS NOT UNDER ANY MOTHER PROVINCE, THE ALLOTMENT FOR THE LATTER SHALL ALSO ACCRUE TO THE CITY OR MUNICIPALITY CONCERNED;

“(C) TWENTY FIVE PERCENT (25%) SHALL ACCRUE TO THE GENERAL FUND OF THE COMPONENT BARANGAYS.

“THE SHARE OF EACH COMPONENT BARANGAY SHALL BE DETERMINED ON THE BASIS OF THE FOLLOWING FORMULA:

(i) FIFTY PERCENT (50%) BASED ON POPULATION;

(ii) TWENTY-FIVE PERCENT (25%) BASED ON LAND AREA;

(iii) TWENTY-FIVE PERCENT (25%) BASED ON EQUAL SHARING.

“(D) THE SHARE OF THE PROVINCE AND OF EACH BARANGAY SHALL BE RELEASED, WITHOUT NEED OF ANY FURTHER ACTION, DIRECTLY TO THE PROVINCIAL AND BARANGAY TREASURER, ON A QUARTERLY BASIS WITHIN FIVE (5) DAYS AFTER THE END OF EACH QUARTER, AND SHALL NOT BE SUBJECT TO ANY LIEN OR HOLDBACK FOR WHATEVER PURPOSE.”

SECTION 11. A new Section 130A of Republic Act No. 7160 is hereby provided to read as follows:

“SECTION 130A. Fundamental Principles; Natural Resources.- ... THE EXPLOITATION OR DEVELOPMENT OF NATURAL RESOURCES, INCLUDING BUT NOT LIMITED TO THE EXTRACTION OF ORDINARY STONES, SAND, GRAVEL, EARTH AND OTHER QUARRY RESOURCES UNDER SECTION 138, AND TO FISHING AND OTHER FISHERY ACTIVITIES IN MUNICIPAL WATERS AND OPERATION OF FISHING VESSELS UNDER SECTION 149, SHALL BE SUBJECT TO THE GUIDELINES AND IMPLEMENTING RULES AND REGULATIONS ISSUED IN THE NATIONAL INTEREST BY THE IMPLEMENTING AGENCY OF THE NATIONAL GOVERNMENT. THE IMPLEMENTING AGENCY OF THE NATIONAL GOVERNMENT SHALL IN THE NATIONAL INTEREST BE EMPOWERED TO REGULATE OR RESTRICT, AUTHORIZE, LIMIT, PROHIBIT ON TEMPORARY OR PERMANENT BASIS, THE EXPLOITATION OR DEVELOPMENT OF NATURAL RESOURCES, IN AREAS UNDER THE TERRITORIAL JURISDICTION OF THE LOCAL GOVERNMENT UNITS.”

SECTION 12. Section 134 of Republic Act No. 7160 is hereby amended to read as follows:

“SECTION 134. Scope of Taxing Powers.- EACH CITY AND MUNICIPALITY SHALL BE EMPOWERED TO LEVY TAXES, FEES AND CHARGES UNDER SECS. 135 (TAX ON TRANSFER OF REAL PROPERTY), 136 (TAX ON PRINTING AND PUBLICATION BUSINESS), 137 (FRANCHISE TAX), 138 (TAX ON SAND AND GRAVEL), 139 (PROFESSIONAL TAX), 140 (AMUSEMENT TAX), 141 (TAX ON TRUCKS), 143 (TAX ON BUSINESS), 147 (FEES AND CHARGES), 148 (FEES FOR WEIGHTS AND MEASURES), 149 (FISHERY RENTALS), 152 (TAX ON STORES OR RETAILERS), AND 156 (COMMUNITY TAX). A CITY OR MUNICIPALITY SHALL NOT IMPOSE TAXES, FEES AND CHARGES IN EXCESS OF THE MAXIMUM RATES FIXED UNDER THE CITED SECTIONS.

“PROVINCES AND BARANGAYS SHALL NOT BE EMPOWERED TO LEVY TAXES, FEES AND CHARGES, EXCEPT THOSE DEVOLVED TO THE SAID LOCAL GOVERNMENT UNITS BY THE CITIES OR MUNICIPALITIES CONCERNED UNDER THIS CODE, IN ORDER TO AVOID DOUBLE TAXATION OR REGULATION. SECTIONS 135, 142, 151 AND 152 SHALL BE AMENDED ACCORDINGLY.”

[Scope of Taxing Powers. - Except as otherwise provided in this Code, the province may levy only the taxes, fees, and charges as provided in this Article.]

SECTION 13. Section 232 of Republic Act No. 7160 is hereby amended to read as follows:

“SECTION 232. Power to Levy Real Property Tax.- A CITY OR MUNICIPALITY MAY LEVY AN ANNUAL AD VALOREM TAX ON REAL PROPERTY SUCH AS LAND, BUILDING, MACHINERY, AND OTHER IMPROVEMENT NOT HEREINAFTER SPECIFICALLY EXEMPTED.

“THE MOTHER PROVINCE AND THE COMPONENT BARANGAYS, SHALL NOT BE EMPOWERED TO LEVY A SIMILAR TAX, IN ORDER TO AVOID DOUBLE TAXATION.”

[Power to Levy Real Property Tax. - A province or city or a municipality within the Metropolitan Manila Area my levy an annual ad valorem tax on real property such as land, building, machinery, and other improvement not hereinafter specifically exempted.]

SECTION 14. Section 233 of Republic Act No. 7160 is hereby amended to read as follows:

[CLAUSE OPTION 1: SECTION 233]

“SECTION 233. Rates of Levy.- A CITY OR MUNICIPALITY SHALL FIX A UNIFORM RATE OF BASIC REAL PROPERTY TAX APPLICABLE TO THEIR RESPECTIVE LOCALITIES AT THE RATE NOT EXCEEDING ONE PERCENT (1%) OF THE ASSESSED VALUE REAL PROPERTY.”

[CLAUSE OPTION 2: SECTION 233]

“SECTION 233. Rates of Levy.- A CITY OR MUNICIPALITY SHALL FIX A UNIFORM RATE OF BASIC REAL PROPERTY TAX APPLICABLE TO THEIR RESPECTIVE LOCALITIES AT THE RATE NOT EXCEEDING TWO PERCENT (2%) OF THE ASSESSED VALUE REAL PROPERTY.”

[Rates of Levy. - A province or city or a municipality within the Metropolitan Manila Area shall fix a uniform rate of basic real property tax applicable to their respective localities as follows:

(a) In the case of a province, at the rate not exceeding one percent (1%) of the assessed value of real property; and

(b) In the case of a city or a municipality within the Metropolitan Manila Area, at the rate not exceeding two percent (2%) of the assessed value of real property.]

SECTION 15. Sections 235, 236, 238 and 239 of Republic Act No. 7160 are hereby amended by retaining references to the city or municipality and deleting references to the province.

SECTION 16. Section 271 of Republic Act No. 7160 is hereby amended to read as follows:

“SECTION 271. Distribution of Proceeds.- THE PROCEEDS OF THE BASIC REAL PROPERTY TAX, INCLUDING INTEREST THEREON, AND THE PROCEEDS FROM THE USE, LEASE OR DISPOSITION, SALE OR REDEMPTION OF PROPERTY ACQUIRED AT A PUBLIC AUCTION, IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE, BY THE CITY OR MUNICIPALITY SHALL BE DISTRIBUTED AS FOLLOWS:

“(A) TWENTY FIVE PERCENT (25%) SHALL ACCRUE TO THE GENERAL FUND OF THE MOTHER PROVINCE;

“(B) FIFTY PERCENT (50%) SHALL ACCRUE TO THE GENERAL FUND OF THE CITY OR MUNICIPALITY; IF A CITY OR MUNICIPALITY IS NOT UNDER ANY PROVINCE, THE ALLOTMENT FOR THE LATTER SHALL ALSO ACCRUE TO THE CITY OR MUNICIPALITY CONCERNED;

“(C) TWENTY FIVE PERCENT (25%) SHALL ACCRUE TO THE GENERAL FUND OF THE BARANGAYS; FIFTY PERCENT (50%) OF THE BARANGAY PROCEEDS SHALL ACCRUE TO THE BARANGAY WHERE THE PROPERTY IS LOCATED; THE OTHER FIFTY PERCENT (50%) OF THE BARANGAY PROCEEDS SHALL BE ACCRUE EQUALLY TO ALL OTHER COMPONENT BARANGAYS OF THE CITY OR MUNICIPALITY.

[Distribution of Proceeds. - The proceeds of the basic real property tax, including interest thereon, and proceeds from the use, lease or disposition, sale or redemption of property acquired at a public auction in accordance with the provisions of this Title by the province or city or a municipality within the Metropolitan Manila Area shall be distributed as follows:

(a) In the case of provinces:

(1) Province - Thirty-five percent (35%) shall accrue to the general fund;

(2) Municipality - Forty percent (40%) to the general fund of the municipality where the property is located; and

(3) Barangay - Twenty-five percent (25%) shall accrue to the barangay where the property is located.

(b) In the case of cities:

(1) City - Seventy percent (70%) shall accrue to the general fund of the city; and

(2) Thirty percent (30%) shall be distributed among the component barangays of the cities where the property is located in the following manner:

(i) Fifty percent (50%) shall accrue to the barangay where the property is located;

(ii) Fifty percent (50%) shall accrue equally to all component barangays of the city; and

(1) Metropolitan Manila Authority - Thirty-five percent (35%) shall accrue to the general fund of the authority;

(2) Municipality - Thirty-five percent (35% shall accrue to the general fund of the municipality where the property is located;

(3) Barangays - Thirty percent (30%) shall be distributed among the component barangays of the municipality where the property is located in the following manner:

(i) Fifty percent (50%) shall accrue to the barangay where the property is located;

(ii) Fifty percent (50%) shall accrue equally to all component barangays of the municipality.

(d) The share of each barangay shall be released, without need of any further action, directly to the barangay treasurer on a quarterly basis within five (5) days after the end of each quarter and shall not be subject to any lien or holdback for whatever purpose.]

SECTION 17. Section 285 of Republic Act No. 7160 is hereby amended to read as follows:

“SECTION 285. Allocation to Local Government Units.- THE SHARE OF LOCAL GOVERNMENT UNITS IN THE INTERNAL REVENUE ALLOTMENTS SHALL BE ALLOCATED IN THE FOLLOWING MANNER:

“(A) TWENTY FIVE PERCENT (25%) SHALL ACCRUE TO THE PROVINCES;

“(B) FIFTY PERCENT (50%) SHALL ACCRUE TO THE CITIES AND MUNICIPALITIES; IF A CITY OR MUNICIPALITY IS NOT UNDER ANY PROVINCE, THE ALLOTMENT FOR THE LATTER SHALL ALSO ACCRUE TO THE CITY OR MUNICIPALITY CONCERNED; AND

“(C) TWENTY FIVE PERCENT (25%) SHALL ACCRUE TO THE BARANGAYS.

“THE SHARE OF EACH PROVINCE, CITY, MUNICIPALITY AND BARANGAY SHALL BE DETERMINED ON THE BASIS OF THE FOLLOWING FORMULA:

“(A) FIFTY PERCENT (50%) BASED ON POPULATION;

“(B) TWENTY-FIVE PERCENT (25%) BASED ON LAND AREA;

“(C) TWENTY-FIVE PERCENT (25%) BASED ON EQUAL SHARING.”

[Allocation to Local Government Units. - The share of local government units in the internal revenue allotment shall be collected in the following manner:

(a) Provinces - Twenty-three percent (23%);

(b) Cities - Twenty-three percent (23%);

(d) Barangays - Twenty percent (20%)

Provided, however, That the share of each province, city, and municipality shall be determined on the basis of the following formula:

(a) Population - Fifty percent (50%);

(b) Land Area - Twenty-five percent (25%); and

Provided, further, That the share of each barangay with a population of not less than one hundred (100) inhabitants shall not be less than Eighty thousand (P80,000.00) per annum chargeable against the twenty percent (20%) share of the barangay from the internal revenue allotment, and the balance to be allocated on the basis of the following formula:

(a) On the first year of the effectivity of this Code:

(1) Population - Forty percent (40%); and

(2) Equal sharing - Sixty percent (60%)

(b) On the second year:

(1) Population - Fifty percent (50%); and

(2) Equal sharing - Fifty percent (50%)

(1) Population - Sixty percent (60%); and

(2) Equal sharing - Forty percent (40%).

Provided, finally, That the financial requirements of barangays created by local government units after the effectivity of this Code shall be the responsibility of the local government unit concerned.]

SECTION 18. Sections 289, 290, 291 and 292 of Republic Act No. 7160 are hereby amended by applying the percentage allocation of shares in the internal revenue allotment under Section 285, to the allocation of shares of the local government units to the national wealth.

PART III. Consolidation of legislative and executive powers in local SANGGUNIAN

SECTION 19. Section 41 of Republic Act No. 7160 is hereby amended to read as follows:

“SECTION 41. Manner of Election AND APPOINTMENT. - (A) THE PROVINCIAL GOVERNOR, CITY MAYOR, MUNICIPAL MAYOR AND PUNONG BARANGAY SHALL BE ELECTED BY MAJORITY VOTE OF ALL THE MEMBERS OF THE LOCAL SANGGUNIAN CONCERNED FROM AMONG THEMSELVES. THEY SHALL SERVE BASED ON THE TRUST AND CONFIDENCE OF THE LOCAL SANGGUNIAN. THEY MAY BE REMOVED AT ANY TIME FOR LOSS OF CONFIDENCE UPON THE VOTE OF AT LEAST TWO-THIRDS OF ALL THE MEMBERS OF THE LOCAL SANGGUNIAN.

“(B) THE REGULAR MEMBERS OF THE CITY AND MUNICIPAL SANGGUNIAN SHALL BE ELECTED BY DISTRICT, AS MAY BE PROVIDED FOR BY IMPLEMENTING RULES AND REGULATIONS ISSUED BY THE SECRETARY OF INTERIOR AND LOCAL GOVERNMENT TO PROMOTE FAIR AND EQUITABLE REPRESENTATION. THE CITY OR MUNICIPAL SANGGUNIAN MAY ALSO HAVE ELECTIVE SECTORAL MEMBERS, AS MAY BE PROVIDED FOR BY IMPLEMENTING RULES AND REGLATIONS ISSUED BY THE SECRETARY OF INTERIOR LOCAL GOVERNMENT TO PROMOTE SECTORAL INTEREST.

“THE CITY MAYORS AND MUNICIPAL MAYORS WITHIN THE TERRITORIAL JURISDICTION OF A PROVINCE SHALL BE THE REGULAR EX OFFICIO MEMBERS OF THE PROVINCIAL SANGGUNIAN CONCERNED. THE PROVINCIAL SANGGUNIAN MAY ALSO HAVE ELECTIVE SECTORAL MEMBERS, AS MAY BE PROVIDED FOR BY IMPLEMENTING RULES AND REGULATIONS ISSUED BY THE SECRETARY OF INTERIOR AND LOCAL GOVERNMENT TO PROMOTE SECTORAL INTEREST.

“THE REGULAR MEMBERS OF THE BARANGAY SANGGUNIAN SHALL BE APPOINTED BY THE MAYOR OF THE MOTHER CITY OR MUNICIPALITY. THE MAYOR MAY ALSO APPOINT SECTORAL MEMBERS OF THE BARANGAY SANGGUNIAN, AS MAY BE PROVIDED FOR BY IMPLEMENTING RULES AND REGULATIONS ISSUED BY THE SECRETARY OF INTERIOR AND LOCAL GOVERNMENT TO PROMOTE SECTORAL INTEREST.

“THE REGULAR MEMBERS OF THE BARANGAY SANGGUNIAN SHALL BE APPOINTED BY THE MAYOR OF THE MOTHER CITY OR MUNICIPALITY FROM A LIST OF AT LEAST THREE NOMINEES FOR EVERY VACANCY , PREPARED BY THE BARANGAY BASED HOMEOWNERS’ ASSOCIATION/S REGISTERED AND IN GOOD STANDING UNDER REPUBLIC ACT NO. 9904 KNOWN AS THE “MAGNA CARTA FOR HOMEOWNERS AND HOMEOWNERS’ ASSOCIATIONS”, THE BARANGAY BASED CONDOMINIUM CORPORATION/S REGISTERED AND IN GOOD STANDING UNDER REPUBLIC ACT NO. 4726 KNOWN AS “THE CONDOMINIUM ACT”, AS AMENDED, AND/OR THE BARANGAY BASED COMMUNITY ASSOCIATION/S REGISTERED AND IN GOOD STANDING WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT. THE DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT MAY IN THE LOCAL INTEREST ISSUE IMPLEMENTING RULES AND REGULATIONS TO PROVIDE FOR THE REGISTRATION AND GRANT OF LEGAL PERSONALITY TO COMMUNITY ASSOCIATIONS OF BARANGAY RESIDENTS. THE SECRETARY OF INTERIOR AND LOCAL GOVERNMENT SHALL ISSUE IMPLEMENTING RULES AND REGULATIONS GOVERNING THE PREPARATION OF LISTS OF NOMINEES TO PROMOTE THE INTERESTS OF THE COMMUNITY.

“(C) IF THE CITY OR MUNICIPAL MAYOR IS ELECTED GOVERNOR BY THE PROVINCIAL SANGGUNIAN, THE CITY OR MUNICIPAL SANGGUNIAN CONCERNED SHALL ELECT A DEPUTY MAYOR FROM AMONG ITS MEMBERS BY MAJORITY VOTE OF ALL THE SANGGUNIAN MEMBERS. THE DEPUTY MAYOR SHALL DISCHARGE THE FUNCTIONS OF THE CITY OR MUNICIPAL MAYOR WHO HAS BEEN ELECTED PROVINCIAL GOVERNOR.

“(D) THE PROVINCIAL, CITY, MUNICIPAL AND BARANGAY SANGGUNIAN MAY BY MAJORITY VOTE OF ALL ITS RESPECTIVE MEMBERS CREATE, RESTRUCTURE OR ABOLISH SUCH OFFICES IT MAY DEEM NECESSARY OR BENEFICIAL FOR THE DISCHARGE OF LOCAL FUNCTIONS. THE SANGGUNIAN CONCERNED MAY PRESCRIBE THE POWERS, FUNCTIONS, QUALIFICATIONS, MANNER OF ELECTION OR APPPOINTMENT, TERM, COMPENSATION AND OTHER RELATED MATTERS, OF SUCH LOCAL OFFICES.”

[Manner of Election. - (a) The governor, vice-governor, city mayor, city vice-mayor, municipal mayor, municipal vice-mayor, and punong barangay shall be elected at large in their respective units by the qualified voters therein. However, the sangguniang kabataan chairman for each barangay shall be elected by the registered voters of the katipunan ng kabataan, as provided in this Code.

(b) The regular members of the sangguniang panlalawigan, sangguniang panlungsod, and sangguniang bayan shall be elected by district, as may be provided for by law. Sangguniang barangay members shall be elected at large. The presidents of the leagues of sanggunian members of component cities and municipalities shall serve as ex officio members of the sangguniang panlalawigan concerned. The presidents of the "liga ng mga barangay and the pederasyon ng mga sangguniang kabataan" elected by their respective chapters, as provided in this Code, shall serve as ex officio members of the sangguniang panlalawigan, sangguniang panlungsod, and sangguniang bayan.

(c) In addition thereto, there shall be one (1) sectoral representative from the women, one (1) from the workers, and one (1) from any of the following sectors: the urban poor, indigenous cultural communities, disabled persons, or any other sector as may be determined by the sanggunian concerned within ninety (90) days prior to the holding of the next local elections as may be provided for by law. The COMELEC shall promulgate the rules and regulations to effectively provide for the election of such sectoral representatives.]

SECTION 20. Section 44 regarding vacancies and succession is deleted.

SECTION 21. Section 46 regarding vacancies and succession is deleted.

SECTION 22. Sections 423-439 regarding the sangguniang kabataan is deleted.

SECTION 23. Section 445 regarding the municipal vice-mayor is deleted.

SECTION 24. Section 456 regarding the city vice-mayor is deleted.

SECTION 25. Section 466 regarding the provincial vice-governor is deleted.

PART IV. Extension of terms of local legislators and executives

SECTION 26. Section 43 of Republic Act No. 7160 is hereby amended to read as follows:

SECTION 43. Term of Office.- (A) THE TERM OF OFFICE OF ALL MEMBERS OF THE LOCAL SANGGUNIAN SHALL BE FIVE (5) YEARS. [The term of office of all local elective officials elected after the effectivity of this Code shall be three (3) years, starting from noon of June 30, 1992 or such date as may be provided for by law, except that of elective barangay officials: Provided, That all local officials first elected during the local elections immediately following the ratification of the 1987 Constitution shall serve until noon of June 30, 1992.]

(B) NO MEMBER OF ANY LOCAL SANGGUNIAN SHALL SERVE FOR MORE THAN THREE (3) CONSECUTIVE TERMS IN THE SAME POSITION. VOLUNTARY RENUNCIATION OF THE OFFICE FOR ANY LENGTH OF TIME SHALL NOT BE CONSIDERED AS AN INTERRUPTION IN THE TERM OF SERVICE OF THE SANGGUNIAN MEMBER. [No local elective official shall serve for more than three (3) consecutive terms in the same position. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of service for the full term for which the elective official concerned was elected.]

[(c) The term of office of barangay officials and members of the sangguniang kabataan shall be for three (3) years, which shall begin after the regular election of barangay officials on the second Monday of May 1994.]

SECTION 27. Rules and Regulations. - The Secretary of Interior and Local Government shall issue the rules and regulations to implement the provisions of this Act.

SECTION 28. Repeal. - All laws, presidential decrees, executive orders, letters of instruction, proclamations, rules and regulations, and other issuances, or any part thereof, including the provisions of Republic Act No. 7160 also known as the “Local Government Code of 1991”, as amended, which are inconsistent with or contrary to the provisions of this Act, are hereby repealed, amended or modified accordingly.

SECTION 29. Effectivity. - This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette, or in at least two (2) national newspapers of general circulation, except as otherwise provided herein.

The amendments provided under Parts III and IV hereof shall apply prospectively to local government officials elected after this Act takes effect.

Approved:

HON. JUAN MAKABAYAN

Senator

Reporma Konstitusyonal

Monday, March 4, 2019

Draft Bill to Revise the Local Government Code

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