Title
Supreme Court
New income classification of LGUs EO 249
Law
Executive Order No. 249
Decision Date
Jul 25, 1987
Executive Order No. 249 establishes a classification system for provinces, cities, and municipalities in the Philippines based on their average annual income, with six classes ranging from First Class to Sixth Class, and outlines the uses and regulations associated with this classification.

Law Summary

Classification of Municipalities

  • Municipalities are also divided into six income classes based on the average annual income over the last four calendar years:
    • First Class: ₱15 million or more
    • Second Class: ₱10 million or more but less than ₱15 million
    • Third Class: ₱5 million or more but less than ₱10 million
    • Fourth Class: ₱3 million or more but less than ₱5 million
    • Fifth Class: ₱1 million or more but less than ₱3 million
    • Sixth Class: less than ₱1 million

Periods of General Reclassification

  • The Secretary of Finance shall reclassify provinces, cities, and municipalities every four years based on income over the previous four years.
  • The first classification under this Order takes effect on July 1, 1987.
  • Newly created local government units with less than four years of existence will be classified based on income during their existence.
  • No readjustment is allowed within four years after reclassification except for diminishing revenues.

Definitions

  • "Annual income" refers to revenues and receipts from regular sources excluding non-recurring income such as grants, loans, and sale of fixed assets.
  • "Average annual income" means the average of annual incomes over the relevant years as certified by the Commission on Audit.

Uses of Income Classification

  • Basis for fixing maximum local tax ceilings.
  • Determines administrative and statutory aids, financial grants, and other assistance.
  • Establishes salary scales, allowances, per diems, and emoluments for local officials and employees.
  • Guides personnel policies on promotions, transfers, and related matters.
  • Influences local government budget policies.
  • Determines financial capacity for development programs and priority projects.

Maximum Amount Expendable for Salaries and Wages

  • Salaries and wages shall not exceed 45% of income for first and second class LGUs and 55% for lower classes.
  • Excludes salaries of personnel in public schools, hospitals, health and agricultural services, public utilities, markets, and economic enterprises.
  • Secretary of Finance may recommend exceptions up to 25% beyond limits, excluding cases of overdraft or imminent overdraft.

Special Provisions on Salary Adjustments

  • LGUs upgraded or downgraded must adjust Position Classification and Pay Plans accordingly.
  • No employee suffers salary reduction due to reclassification.
  • For 1988 budgets, appropriations should match new classifications but must cover existing salary rates.
  • New appointees receive salaries per new classification.
  • The Joint Commission on Local Government Personnel Administration shall issue guidelines within 60 days of effectivity.

Maximum Rates of Local Taxes

  • LGUs may maintain or adjust existing local tax rates despite classification changes.
  • New tax ordinances require Secretary of Finance approval within 60 days, reviewing for reasonableness and financial impact.

Administrative Authority of Secretary of Finance

  • The Secretary reviews income ranges every four years and recommends changes to ensure classifications reflect economic and financial realities.

Implementing Rules and Regulations

  • The Secretary of Finance shall issue necessary rules, regulations, and orders for implementation, including fixing new classifications.

Repealing Clause

  • Presidential Decree No. 465 (May 20, 1974) and inconsistent laws or regulations are repealed or modified accordingly.

Effectivity

  • This Order takes effect immediately upon signing on July 25, 1987.

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