Question & AnswerQ&A (BATAS PAMBANSA BLG. 337)
The Act is officially known and referred to as the "Local Government Code."
The State guarantees and promotes the autonomy of local government units to ensure their fullest development as self-reliant communities and effective partners in national development through a responsive and accountable local government structure and decentralization.
The Code applies to all local governments and, to the extent provided, to officials, offices, or agencies of the national government.
Powers of barangays, municipalities, cities, or provinces shall be liberally construed in favor of the local government unit, and any fair and reasonable doubt as to the existence of the power shall be interpreted in favor of the concerned local government unit.
Local government units shall exercise powers expressly granted, implied powers, and powers necessary for governance such as promoting health and safety, enhancing prosperity, improving morals, maintaining peace and order, and preserving the comfort and convenience of inhabitants.
Each local government unit has the power to create its own sources of revenue and levy taxes, subject to limitations provided by law, and real property tax appraisal, assessment, and collection are governed by existing laws consistent with the Code.
An ordinance takes effect after ten days from posting a copy on bulletin boards in conspicuous places. In highly urbanized cities, the main features must also be published in a newspaper of general circulation.
The President of the Philippines exercises general supervision over local governments, primarily through the Ministry of Local Government.
Grounds include disloyalty to the Republic, culpable violation of the Constitution, dishonesty, oppression, misconduct, neglect of duty, commission of offenses involving moral turpitude, abuse of authority, and unauthorized absence for three consecutive months.
The term of office is six years, starting from the date provided by law.
The sangguniang barangay is composed of the punong barangay as presiding officer, six elected sangguniang barangay members, and the chairman of the kabataang barangay.
The punong barangay appoints the barangay secretary who holds office at his pleasure; the barangay treasurer is appointed by the punong barangay with concurrence of the sangguniang barangay. Neither can be a sangguniang barangay member or a relative of the punong barangay within the second civil degree of consanguinity or affinity.
The punong barangay enforces laws, negotiates contracts, maintains peace and order, presides over meetings, appoints certain officials, organizes emergency groups, prepares budgets, approves expenditures, enforces environmental laws, supervises kabataang barangay, looks after welfare, and exercises other powers provided by law or ordinance.
It is composed of all residents aged 15 or above, meeting at least twice a year, has the power to recommend welfare measures, decide on plebiscites or referenda, and examine reports of the sangguniang barangay.
The President appoints replacements for sangguniang panlalawigan and panlungsod vacancies upon recommendation of the Minister of Local Government; the governor appoints sangguniang bayan members; city or municipal mayors appoint sangguniang barangay members, typically from the same political party as the previous member, to serve the unexpired term.
It is unlawful for local officials to engage in business transactions with the government unit they serve, purchase forfeited property of the unit, or act as surety for persons doing business with the unit.
They must be Filipino citizens, at least 23 years old on election day, registered voters in their area, residents for at least one year prior to candidacy, and able to read and write English, Pilipino, or a local dialect. Barangay officials must be actual residents of the barangay.
Recall can be initiated by at least 25% of registered voters. It can only happen once per term for loss of confidence, not within two years from assumption of office or one year before elections. A special election is held including the official facing recall.
The governor controls provincial services, directs policy and programs, appoints personnel, represents the province in business, supervises component cities and municipalities, enforces laws, formulates budgets, maintains peace and order, issues licenses, and performs duties pursuant to law and ordinance.