Title
Local Gov't Officials Elective and Appointive Act
Law
Batas Pambansa Blg. 51
Decision Date
Dec 22, 1979
Batas Pambansa Blg. 51 establishes the positions, powers, duties, and compensation of local officials in the Philippines, ensuring effective governance and service provision in various levels of local government.
A

Local Government Officials in Provinces

  • Each province shall have a governor, vice-governor, and elective sangguniang panlalawigan members elected by qualified voters.
  • The sangguniang panlalawigan also includes appointed members representing barangays and kabataang barangay.
  • Provincial sanggunian composition: governor (chairman), vice-governor (pro tempore), elective members (6, adjusted by population), and appointed presidents of provincial barangay and kabataang barangay federations.
  • Population determines number of elective sangguniang panlalawigan members: 4 for populations under 100,000; 6 standard; 8 for populations over 1 million.

Elected and Appointive Officials in Cities

  • City elective officials include mayor, vice-mayor, and sangguniang panglungsod members elected by voters.
  • Appointive sangguniang panglungsod members include presidents of city barangay councils and kabataang barangay, plus representatives from agricultural and industrial labor sectors if sectors warrant.
  • Classification of cities: highly urbanized (annual income ≥ ₱40 million or Baguio City for special status) or component cities.
  • Voters in component cities may vote for provincial officials; voters in highly urbanized cities do not vote in provincial elections.

Municipalities and Municipal Districts Officials

  • Municipalities and municipal districts have elected municipal mayor, vice-mayor, and sangguniang bayan members.
  • Appointive sangguniang bayan members include presidents of municipal barangay councils and kabataang barangay, plus sectoral representatives as determined.
  • Sanggunian composition: municipal mayor (chairman), vice-mayor (pro tempore), elective members (8 for municipalities, 6 for municipal districts), and appointed sectoral representatives.

Powers, Duties, and Functions

  • Local officials’ powers and duties are governed by existing laws relevant to their offices.

Compensation of Officials

  • Vice-governors, vice-mayors, and all elective and appointive sanggunian members receive salaries and benefits as determined by the Joint Commission on Local Government Personnel Administration, per PD No. 1136.

Terms of Office

  • Local elective officials serve a six-year term starting March 3, 1980, unless removed for cause.
  • Sanggunian members representing barangay council and kabataang barangay have terms co-terminous with their leadership roles.
  • Appointive members’ terms do not extend past elective members’ terms.

Succession to Executive Offices

  • Permanent vacancies in governor, city or municipal mayor lead to vice officials assuming office; if vice officials are unavailable under similar conditions, the elected sanggunian member with highest votes succeeds.
  • Temporary incapacities allow designation of an officer-in-charge by the incapacitated official, excluding certain secretarial positions.
  • Officer-in-charge exercises executive powers with limitations, especially concerning appointments and contracts for up to three months.
  • If no designation occurs within 48 hours, higher officials (Minister, Governor) may designate the officer-in-charge.
  • Designations terminate upon the incumbent’s return or suspension.

Application and Repeal

  • Provisions apply to all existing provinces, cities, municipalities, and municipal districts, without amending Presidential Decree No. 824.
  • Conflicting laws, decrees, or orders are repealed or modified as necessary.

Effectivity

  • The Act took effect immediately upon approval on December 22, 1979.

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