QuestionsQuestions (Republic Act No. 7160)
It declares that territorial and political subdivisions shall enjoy genuine and meaningful local autonomy to attain fullest development as self-reliant communities, with decentralization proceeding from the National Government to LGUs, supported by responsive and accountable structures and mechanisms of recall, initiative, and referendum.
It requires an effective allocation among LGUs of their powers, functions, responsibilities, and resources, with accountability and reasonably adequate resources for LGUs to discharge their functions.
Any provision on a power of an LGU shall be liberally interpreted in its favor; any question in doubt is resolved in favor of devolution of powers and the lower LGU, and any fair and reasonable doubt as to the existence of the power is interpreted in favor of the concerned LGU.
They must be construed strictly against the LGU enacting the ordinance or revenue measure and liberally in favor of the taxpayer.
Income, population, and land area.
Department of Finance (DOF), National Statistics Office (NSO), and Lands Management Bureau (LMB) of DENR.
Division and merger must comply with creation requirements, but division must not reduce the income, population, or land area of the LGU(s) below minimum standards; and the income classification of the original LGU(s) must not fall below its current income classification prior to division.
It takes effect only after approval by a majority of votes cast in a plebiscite conducted by COMELEC, within 120 days from effectivity of the law or ordinance (unless another date is fixed).
Public hearings must first be conducted for the purpose, and concurrence of the majority of all members of the sanggunian concerned must be obtained.
LGUs/public places/structures cannot be named after a living person; changes of name require justifiable reason and cannot be made more often than once every 10 years. Historical/cultural/ethnic significant names cannot be changed unless by unanimous vote and in consultation with the Philippine Historical Commission.
Upon the election and qualification of its chief executive and a majority of the members of its sanggunian, unless the law or ordinance creating it fixes another time.
LGUs must exercise powers necessary for efficient and effective governance and promotion of the general welfare, including preservation/enrichment of culture, promote health and safety, enhance the right to balanced ecology, encourage scientific/technological capability, improve public morals, enhance economic prosperity and social justice, promote full employment, maintain peace and order, and preserve comfort and convenience.
Examples include agricultural support services, health and social welfare services (e.g., maintenance of barangay health center/day-care), hygiene/sanitation and solid waste collection, maintenance of katarungang pambarangay, maintenance of roads/bridges/water supply systems, and public facilities like multi-purpose hall/plaza/sports center.
Generally, public works/infrastructure projects and facilities funded by the National Government under the GAA, special laws, executive orders, or foreign sources are not covered, except when the LGU is duly designated as the implementing agency.
It is the act by which the National Government confers power and authority upon various LGUs to perform specific functions and responsibilities.
It must be for public use/purpose/welfare (especially for poor and landless), upon payment of just compensation; a valid and definite offer must be made first and not accepted; the LGU may take possession immediately only after filing expropriation proceedings and depositing at least 15% of fair market value based on current tax declaration; final amount is determined by the proper court based on fair market value at time of taking.
For highly urbanized and independent component cities: 15%; for component cities and 1st to 3rd class municipalities: 10%; for 4th to 6th class municipalities: 5%.
Every LGU created or recognized under the Code is a body politic and corporate endowed with powers to be exercised in conformity with law—acting both as a political subdivision of the national government and as a corporate entity representing inhabitants of its territory.