local govt report

8/14/2019 Local Govt Report

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ROLE AND CREATION OF THE PROVINCE

Role:The province composed of a cluster of municipalities, or municipalities and

component cities, and as a political and corporate unit of government,serve as a

dynamic mechanism for developmental processes and effective governance of localgovernment units within its territorial jusridiction.(Section 459,L!"

#.$ual %ersonality. The province is a political and corporate unit of government and li&e

the city and the municipality, it serves as a mechanism for developmental processes and

effective governance of the component cities, municipalties and 'arangays within its

territorial jurisdiction.

Manner Of Creation: province may 'e created,divided,merged,a'olished,or its

'oundary su'stantially altered only 'y an ct of !ongress and su'ject to the approval 'ya majority of the votes cast in a ple'iscite to 'e conducted 'y the !omelec in the local

government unit or units directly affected.The ple'iscite shall 'e held within one

hundred(#)*" days from the date of its effectivity of said ct, unless otherwise provided

therein.(Section 4+*,L!"

Requisites For Creation:

(a" province may 'e created if it has an average annual income, as certified 'y the

$epartment of inance of not less than twenty million pesos (%)*,***,***.**" 'ased on#99# constant prices, and it has either of the following re-uisites

(/" contiguous territory of at least two thousand (),***" s-uare &ilometres, as

certified 'y the Lands 0anagement 1ureau2 or

(//" population of not less than two hundred fifty thousand ()5*,***" inha'itants, as

certified 'y the 3ational Statistics ffice

%rovided, That, the creation thereof shall not reduce the land area, population, andincome of the original unit or units at the time of said creation to less than the minimum

re-uirements prescri'ed herein.

('" The territory need not 'e contiguous if it comprises two ()" or more islands or is

separated 'y a chartered city or cities which do not contri'ute to the income of the

province.

(c" The average annual income shall include the income accruing to the general fund,

eclusive of special funds, transfer and non6recurring income.(Section 4+#,L!"


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appointment is su'ject to confirmation or approval 'y the Sangguniang %anlalawigan

within #5 days from su'mission thereof. /f not acted upon within the said period, the

appointments are deemed approved.

Section !# Resi-ence an- Office#

#. overnor:s ;esidence in !apital ;e-uired. The governor is re-uired 'y this section to

reside officially in the provincial capital. ll elective and appointive officials of the

province are re-uired to hold office in the provincial capital.

al overnor ;eynaldo ;.

San juan v. !ivil Service !ommission #9+ S!; +9(#99#". The Supreme !ourt ruled

that ?:when the !ivil Service !ommission interpreted the recommending power of the

provincial governor as purely directory, it went against the letter and spirit of the

constitutional provisions on local autonomy. /f the $10 Secretary jealously hoards the

entirely of 'udgetary powers and ignores the right of local governments to develop self6reliance and resoluteness in the handling of their own funds, the goal of meaningful local

autonomy is frustrated and set 'ac&.:: /n a scathing aside, 7ustice utierre> who penned

the decisions said ?that ?: the complete disregard of the local government:s prerogative

and the smug 'elief that the $10 has a'solute wisdom, authority, and discretion are

manifest::.

The issue is no longer of any concern to the local government officials 'ecause the code

now lodges the power to appoint 'udget officers with the governors of provinces and the

mayors of cities and municipalities.


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4. overnor:s Salary rade. The governor has a minimum monthly salary grade level of

8* as provided under ;epu'lic ct. 3o.+@5A

Section !!# THE PROVINCIAL VICE +OVERNOR: Po/ers0 Duties0 an-

Co,1ensation#

#. Bice overnor:s %owers. The powers and duties of the vice governor are similar to

those of the municipal or city vice mayor.The vice6governor shall receive a monthly

compensation corresponding to Salary rade twenty6eight ()A".

Section !2# THE SAN++3NIAN+ PANLALA4I+AN: Co,1osition#

#. Sangguniang %anlalawigan. The Sangguniang %anlalawigan is composed of (a" the

vice governor as its presiding officer2 ('" its regular mem'ers2 (c" the %resident of the

%rovincial !hapter of the Liga ng mga 1arangay2 (d" the %resident of the %rovincial

%ederasyon ng mga Sangguniang Ca'ataan2 (e" the president of the %rovincial

ederation of Sanggunian mem'ers of municipalities and component cities2 and in

addition, (f" three sectoral representatives, namely (i" the women:s representative, (ii" the

la'or representative and (iii" the representative of the ur'an poor or the indigenous

cultural communites or the disa'led or another sector as determined 'y the Sanggunian.

Section !5# Po/ers0 Duties0 Functions an- Co,1ensation#

#. %rovincial Legislative 1ody. The Sangguniang %anlalawigan is the legislative 'ody of

the province. /t has powers to enact ordinances approve resolutions and appropriate

funds for the general welfare of the province and its inha'itants, not only in accordance

with this section 'ut pursuant to Sections #+, )) and other pertinent sections of the

!ode.

/ts powers are similar to those eercised 'y the Sangguniang 1ayan and the

Sangguniang %anlungsod.

).S% 0em'ers Salary rade. 0em'ers of the Sangguniang %anlalawigan have a salary

grade of )5 for component cities and a salary grade of )@ for highly ur'ani>ed cities

under the provisions of ;epu'lic ct no. +@5A and its implementing rules and guidelines.

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