Question & AnswerQ&A (Republic Act No. 7160)
The primary policy of the State is that the territorial and political subdivisions of the State shall enjoy genuine and meaningful local autonomy to enable them to attain their fullest development as self-reliant communities and make them more effective partners in the attainment of national goals, through a system of decentralization.
A local government unit may be created, divided, merged, abolished, or its boundaries substantially altered either by law enacted by Congress (for provinces, cities, municipalities, or other political subdivisions) or by ordinance passed by the sangguniang panlalawigan or sangguniang panlungsod (for barangays), subject to limitations and plebiscite approval.
A barangay may be created out of a contiguous territory with at least 2,000 inhabitants as certified by the National Statistics Office, except in cities and municipalities within Metro Manila or highly urbanized cities where the minimum population is 5,000. The creation shall not reduce the population of the original barangay(s) to less than the required minimum, and the territorial jurisdiction must be properly identified by metes and bounds.
An elective local official must be a citizen of the Philippines, a registered voter in the area where they intend to be elected, a resident for at least one year preceding the election, and able to read and write Filipino or any other local language or dialect. Age requirements depend on the position: e.g., at least 23 years for governors and mayors of highly urbanized cities.
The term of office is three (3) years for all elective officials elected after the effectivity of the Code, except barangay officials and members of the sangguniang kabataan, who have a term of five (5) years.
Local government units have the power to create organizations to implement development plans, create their own sources of revenues, levy and retain taxes, fees, and charges, have a just share in national taxes, and an equitable share in the proceeds from the utilization and development of national wealth within their areas.
Taxation shall be uniform, equitable, levied for public purposes, not unjust or excessive, not contrary to law or policy, not let to any private person, and revenues shall accrue solely to the local government unit levying the tax. Progressive taxation is encouraged as far as practicable.
Local government units shall continue exercising powers and discharging functions currently vested upon them, including devolved functions of national agencies related to basic services such as health, social welfare, infrastructure, agriculture, etc. National agencies shall devolve responsibilities and transfer records, personnel, and assets within six months after the effectivity of the Code.
Grounds include disloyalty to the Republic, culpable violation of the Constitution, dishonesty, oppression, misconduct, gross negligence, commission of offenses involving moral turpitude, abuse of authority, unauthorized absence, application for foreign citizenship, and other grounds provided in the Code or laws.
The power of recall for loss of confidence is exercised by the registered voters of the local government unit to which the elected official subject to recall belongs. Recall may be initiated by a preparatory recall assembly or by a petition of at least 25% of registered voters, subject to procedural requirements and limitations.