Professional Documents
Culture Documents
A. Section 89, LGC ² Prohibited Business and Pecuniary interest (Section 89, LGC)
² unlawful for any local government official, employee, directly or indirectly to:
(a) engage in any business transaction with LGU in which he is an official or over
which he has power of supervision or with any of its authorized boards, officials,
agents/attorneys, whereby money is paid or property or any other thing of value
is transferred, directly/indirectly, out of resources of the LGU to such person/firm;
(b) hold such interests in any cockpit or other games licensed by the LGU; (c)
Purchase any real estate or other property forfeited in favor of the LGU for unpaid
taxes or assessments, or by virtue of a legal process at the LGU·s instance; (d) Be
a surety for any person contracting/doing business with the LGU for which a
surety is required; and (e) Possess/use any public property of the LGU for private
purpose.
Note: Prohibitions and Inhibitions under RA6713 (Code of Conduct and Ethical
Standards) also apply.
(a) All Governors, city or municipal mayors are prohibited from practicing their
professions or engaging in any occupation other than the exercise of their
function as local chief executives. (such offices are a full-time job);
(i)appear as counsel before any court in any civil case wherein LGU or
any office, agency or instrumentality of the government is the adverse party;
NOTE: Members of the sanggunian who are doctors of medicine may practice
even during official hours of work only on occasions of emergency provided
they do not derive monetary compensation therefrom.
NOTE: JAVELLANA vs DILG 212 SCRA 475 ² Atty. Erwin Javellana, councilor of
Bago City appeared as counsel for dismissed city government employees. This
appearance violated the prohibition against engaging in private practice
representing interests adverse to the government.
C. Section 91 ² LGU Officials And employees shall file sworn statements of assets
and liabilities and net worth, etc. (for purposes of transparency)
c
c
No local official shall hold any other office or employment in the government or
any of its subdivision/agency/instrumentality including GOCCs or their
subsidiaries.
Note: Elective local officials may take part in partisan political and electoral
activities but it shall be unlawful for them to solicit contributions from their
subordinates or subject these subordinates to any of the prohibited acts under
the Election Code.
c
c
sc FUNCTIONS: take charge of treasury office ² advise the local chief, the
sanggunian and other local government and national officials
concerned regarding disposition of LG funds and on such other matters
relative to public finance; take custody and exercise proper
management of the funds of the LGU concerned; take charge of the
disbursement of all local government funds and such other funds the
custody of which may be entrusted to him by law or other competent
authority; inspect private commercial and industrial establishment
within the jurisdiction of the LGU concerned in relation to the
implementation of tax ordinances, pursuant to the provisions under
Book II of LGC; maintain and update the tax information system of the
LGU.
c
c
c
c
c
c
c
c
c
c
chief, and for this purpose, he may convene the chiefs of offices and
other officials of LGU; establish and maintain a sound personnel
management program for the LGU designed to promote career
development and uphold the merit principle in the local government
service; conduct a continuing organizational development of LGU with
the end in view of instituting effective administrative reforms; be in the
frontline of delivery of administrative support services, particularly
those related to the situation during and in the aftermath of man-made
and natural disasters and calamities; recommend to the sanggunian
and advise the local chief, on all other matters relative to the
management and administration of the LGU; etc.
Section 481 ² LEGAL OFFICER ² (mandatory for Cities and Provinces; term is
coterminous with his appointing authority) ² Phil. citizen, a resident of the
LGU concerned, of good moral character, Phil. Bar member, with
experience in practice of his profession for at least 5 years (for P OR C)/3
years (for M).
sc FUNCTIONS: as chief legal counsel of the LGU, shall take charge of the
office of legal services; formulate measures for the consideration of the
sanggunian and provide legal assistance and support to the local
chief in carrying out the delivery of basic services and provisions of
adequate facilities as provided for under Section 17 of the LGC;
develop plans and strategies and upon approval thereof by the local
chief, implement the same, particularly those which have to do with
the programs and projects related to legal services which the local
chief is empowered to implement and which the sanggunian is
empowered to provide for under the LGC.
c
c
NOTE: The provincial fiscal·s functions as legal officer and adviser for the
civil cases of a province and corollarily, of the municipalities thereof, were
subsequently transferred to the provincial attorney.
c
c
Section 483 ² SOCIAL WELFARE & DEVELOPMENT OFFICER (mandatory for Cities
and Provinces) ² Phil. citizen, resident of the LGU, good moral character, duly
licensed social worker or college-degreeholder preferably in sociology or any
related course from recognized college/university, first grade civil service
eligible or its equivalent, at least 5 years (FOR P OR C)/3 years (FOR M).
Section 485 ² ARCHITECT (optional for Municipalities, Cities and Provinces) ² Phil.
citizen, resident of the LGU, good moral character, duly licensed architect,
practice of his profession at least 5 years (for P OR C)/3 years (for M).
c
c
c
c
c
c
c
c
of supply, property, solid waste disposal, and general sanitation for at least 5
years (for P OR C)/3 years (for M).
Section 76 ² LGU shall design and implement its own organizational structure and
staffing pattern taking into account service requirements and financial
capability, subject to minimum standards and guidelines prescribed by CSC.
Section 77 ² Chief Executive of LGU is responsible for HR & D in his unit; he shall
take all personnel actions in accordance with constitutional supervision on civil
service, pertinent laws, rules and regulations thereon, including such policies,
guidelines and standards as CSC may establish; he may employ
emergency/casual employees paid on daily wage or piecework basis and hired
c
c
through job orders for local projects authorized by CSC and which employment
shall not exceed 6 months.
Section 78 ² all matters pertinent to HR&D in LGUs covered by civil service law.
Section 85 ² Local Chief may preventively suspend for not more than 60 days any
subordinate official or employees under his authority pending investigation if the
charge against the official or employees involves DISHONESTY, OPPRESSION or
GRAVE MISCONDUCT or NEGLECT IN PERFORMANCE OF DUTY or there is reason to
believe that Respondent is guilty of the charges which would warrant his removal
from office; Automatic reinstatement for lapse of preventive suspension but
proceedings to continue (delay imputable to Respondent shall not be counted in
computing the period.
c
c
FINAL. If more than 30 days, decision appealable to CSC within 30 days from
receipt thereof.
BARANGAY
Section 384, LGC ² Role ² Basic Political Unit which serves as: (a) primary unit of
government policies, plans, programs and projects and activities in the
community; (b) forum where collective view of people maybe expressed,
crystallized and considered; (c) where disputes may be amicably settled.
NOTE: AUTHORITY TO HEAR BOUNDARY DISPUTES (Art. 16, Rule III of Rules
Implementing LGC) ² (1) Sangguniang panglungsod/bayan for disputes
involving two/more barangays in the same city/municipality; (2) sangguniang
panlalawigan for those involving two/more municipalities within the same
province; (3) jointly, to the sanggunians of provinces concerned, for those
involving component cities or municipalities of different provinces; or (4) jointly,
to the respective sanggunians, for those involving component city/municipality
and highly-urbanized city; or 2 or more highly-urbanized cities.
c
c
NOTE: Art. 17 of the Implementing Rules of LGC provides for the PROCEDURES FOR
SETTLING BOUNDARY DISPUTES.
NOTE: CITY OF PASIG vs. COMELEC 314 SCRA 179 ² A case involving a boundary
dispute between LGUs presents a prejudicial question which must first be
decided before plebiscite for creation of the proposed barangays may be held.
Indeed, a requisite for the creation of a barangay is for its territorial jurisdiction to
be properly identified by metes and bounds or by more or less permanent
natural boundaries. Precisely because territorial jurisdiction is an issue raised in
the pending civil case, until and unless such issue is resolved with finality, to
define the territorial jurisdiction of the proposed barangays would only be an
exercise in futility.
Section 386, LGC ² REQUISITES FOR BARANGAY CREATION ² population (at least
2K/5k in cities and municipalities within Metro manila) as certified by NSO,
territory properly identified by metes and bounds or by more or less permanent
natural boundaries; territory need not be contiguous if it comprises two/more
islands.
BARANGAY OFFICIALS
See: ,,.c
c, c/c0c ² Accused (Chief of Barangay Tanod) found
guilty of murder of Barangay Captain, aggravated by disregard for respect due
the offended party on account of his rank. Aggravating circumstances of
disregard of respect due to the offended party on account of his rank cannot be
appreciated where there is no proof of the specific fact/circumstance that the
accused deliberately intended to insult the rank of the victim as barangay
captain.
Section 389, LGC ² PUNONG BARANGAY ² is the Chief Executive; power, duties
and functions:
(1)cEnforce all laws and ordinances which are applicable within the
barangay;
(2)cNegotiate, enter into and sign contracts for and in behalf of the
barangay upon authorization of the sangguniang barangay;
(3)cMaintain peace and order;
(4)cCall and preside over sessions of the sangguniang barangay and the
barangay assembly and shall vote only to break a tie;
(5)cUpon a approval by a majority of all sanggunian barangay members,
shall appoint/replace the barangay treasurer/secretary and other
appointive barangay officials;
(6)cAdminister the operation of the Katarungan Pambarangay in
accordance with the provisions of the LGC.
c
c
NOTE: As chief peace officer, in the performance of his peace and order
functions, HE is entitled to possess and carry firearms within his territorial
jurisdiction.
NOTE: Office of Punong Barangay is a unique office which bestows upon NOTE:
Office of Punong Barangay is a unique office which bestows upon its holder an
aggregate of executive, legislative and judicial powers and duties not granted
upon any other public officer, national or local.
NOTE: Among Filipino public officials, the office of punong barangay is very
peculiar. For it bestows upon its holder and aggregate of executive, legislative
and judicial powers and duties not granted upon any other public officer,
whether national or local. The law mandated position of lupon chairmanship by
the punong barangay is judicial in nature even if the lupon is not a court of
justice. In the Katarungang Pambarangy Rules, the specific powers of the
punong barangay are classified into: (a) Constitution of the Lupon; (b) Mediation
and Arbitration Functions; (c) Constitutiion of the Pangkat; and (d) Other powers
and duties.
NOTE: KP is not part of the Philippine judicial system. However, the Supreme Court
recognizes that strengthening this community-based dispute mechanism will
have positive effects in the administration of justice as it may help unclog court
dockets. Thus, it is considered the duty of every judge to see to it that the
laudable purposes of the KP will not be subverted and its effectiveness
undermined by indiscriminate, improper and/or premature issuance of
certifications to file actions in court (SC Admin. Circular 14-93).
c
c
However, the same would not prevent a court of competent jurisdiction from
exercising its power of adjudication over the case before it, where the defendant
failed to object to such exercise of jurisdiction.
NOTE: A Lupon member holds office for a term of 3 years, unless sooner
terminated by resignation, transfer or residence or place of work, or withdrawal
of appointment by the Punong Barangay (Section 400, LGC).
NOTE: In case of any vacancy in the Lupon for any cause, the Punong Baangay
is tasked to immediately appoint a qualified person to fill the vacancy. Such
person appointed in the Lupon holds office only for the unexpired portion of the
term of the replaced members (Section 401, LGC).
FUNCTIONS OF LUPON SECRETARY ² (a) keep and maintain a record book of all
complaints filed with the Punong Barangay, numbered consecutively in the order
in which they were received and enter therein the names of the parties, date and
time filed, nature of case and disposition; (b) Note the results of mediation
proceedings before the Punong Barangay and submit a final report to the proper
MTC/MCTC/MeTC/MTCC; (c) record the willful failure/refusal of a witness to
comply with a subpoena issued by the Punong Barangay; (d) record the willful
c
c
NOTE: Lupon members are entitled to receive honoraria, allowance and other
emoluments as may be authorized by law, barangay, municipal or city
ordinance (Sec. 393, LGC).
NOTE: For purposes of the REVISED Penal Code, Lupon members are deemed
persons in authority in their jurisdiction (Sec. 388, LGC).
c
c
NOTE: Vda. De Borromeo vs. Pogoy 126 SCRA 217 ² Intestate estate of the late
Vito Borromeo is the owners of a building located at F. Ramos St. in Cebu City
leased by Petra Vda. De Borromeo at a monthly rental of P500. For failure to pay
the rentals, the administrator of the estate, Atty. Ricardo Reyes served a demand
letter for overdue rentals and thereafter a notice to vacate. Petra did not comply
with the demand, Atty. Reyes instituted an ejectment case against her in the
MTC. Can the ejectment case without undergoing the barangay conciliation
proceedings? Yes. Referral of the dispute to the Barangay Lupon is required only
where the parties thereto are individuals. The law does not apply to cases
involving juridical persons, such as a corporation, partnership, corporation sole,
testate or intestate estate, etc. Atty. Reyes is a mere nominal party suing in behalf
of the intestate estate of Vito Borromeo, the real party in interest in the ejectment
case. Considering that said estate is a juridical person, Atty. Reyes may file the
complaint directly in court, without the same being coursed to the Barangay
Lupon.
NOTE: If one of the parties to the dispute is not an actual resident of the same
city/municipality, the same may be filed directly in court or in a government
agency.
NOTE: Tavora vs. Veloso 117 SCRA 613 ² Venustiano Tavora, a Marikina City
resident has an apartment unit in Quiapo, Manila which is being rented by Julieta
Capati. For failure to pay the monthly rentals, Tavora filed an ejection case
against Capati. May Venustiano Tavor file the ejectment case without first
bringing the matter to the Barangay Lupon for conciliation? Yes. There is no need
for settlement at the barangay level because the parties therein are not actual
residents of the same barangay, nor of different barangays within the same
city/municipality, nor of adjoining barangays of different cities/municipalities.
NOTE: Garces vs. Court of Appeals 162 SCRA 504 ² Triumfo Garces owns an
apartment building in Malate, Manila. He stays in one of the rooms of said
apartment from Mondays to Fridays, and stays in his house in Cavite for the
weekends. Garces leased another room of the apartment to Daisy Escalante and
thereafter, filed an ejectment case against her in the MTC of Manila. May Garces
file the ejectment case without undergoing the barangay conciliation
proceedings? No. Residence is the actual or physical habitation of the litigant.
The fact that Garces stays in the apartment unit in Malate five (5) days a week,
every week, is more than adequate proof that within the meaning of the
Katarungang Pambarangay Law, he ´actually residesµ in Manila. Hence, he
cannot bring the ejectment case to the court without first availing of the
Barangay Conciliation proceedings.
c
c
(a) in a criminal case where the accused was arrested without a warrant and is
under police custody of detention;
(b) petitions for habeas corpus by a person illegally deprived of his rightful
custody over another person or a person illegally deprived of or on acting in his
behalf;
NOTE: Blardony, Jr. vs. Cosculleia, Jr. 182 SCRA 825 ² Mrs. Rosario Rosario filed a
petition for dissolution of conjugal partnership and partition of conjugal
partnership properties in the CFI of Makati. Her husband, Mauro Blardony filed a
motion to dismiss on ground that the matter had not been brought to the Lupon
considering they are both residents of Makati City. Was prior conciliation
proceedings before the barangay necessary? No. The issues of support pendent
lite and delivery of personal properties belonging to the partnership, although not
´coupledµ in the strict sense of the word with the petition are essentially involved
in the petition considering the minority of their daughter and because the
resolution or decision of the court on the pending petition would be incomplete
without a clear cut disposition on the partition of the personal and real properties
of the conjugal partnership and consequent delivery thereof to the proper
parties.
(d) when the action may otherwise no longer be filed in court because it may be
barred by the Statutes of Limitations ² However, ´while the dispute is under
mediation, conciliation, or arbitration, the prescriptive periods for offenses and
cause of action under existing laws shall be interrupted upon filing of the
complaint with the Punong Barangay.
NOTE: KP Law confers upon the Lupon the authority to bring together the parties
actually residing in the same city/municipality for amicable settlement of all
disputes. Its obvious intendment was to grant to the Lupon as broad and
comprehensive an authority as possible as would bring about the optimum
realization of the aforesaid objectives. These objectives would only be half-met
and easily thwarted if the Lupon·s authority is exercised only in cases falling
within the exclusive jurisdiction of inferior courts.
NOTE: Prior resort to the Lupon is required when the act constituting criminal
offense is punishable by imprisonment of not more than one (1) year or fine not
more than P5k (Sec. 408, LGC). Among the criminal cases covered by the KP are,
as follows: unlawful use of means of publication (Art. 154, RPC), unlawful
utterances (Art. 154, RPC), alarms and scandals (Art.155, RPC), using false
certificates (Art. 175, RPC), using fictitious names and concealing true names
(Art. 178, RPC), illegal use of uniforms and insignias (Art. 179, RPC), physical
injuries inflicted in a tumultuous affray (Art. 252, RPC), giving assistance to
consummated suicide (Art. 253, RPC), responsibility of participants in a duel if
only physical injuries are inflicted or no physical injuries are inflicted (Art. 260,
RPC), less serious physical injuries (Art. 265, RPC), slight physical injuries and
maltreatment (Art. 266, RPC), unlawful arrest (Art. 269, RPC), inducing a minor to
abandon his/her home (Art. 271, RPC), abandonment of a person in danger and
abandonment of one·s own victim (Art. 275, RPC), abandoning a minor (Art. 276,
RPC), abandonment of minor by persons entrusted with his/her custody;
indifference of parents (Art. 277, RPC), qualified trespass to dwelling [without use
of violence and intimidation] (Art. 280, RPC), other forms of trespass (Art. 281,
RPC), light threats (Art. 283, RPC), other light threats (Art. 285, RPC), grave
coercion (Art. 286, RPC), light coercion (Art. 287, RPC), other similar coercions
c
c
(b) where one party is a public officer/employee and the dispute relates to the
performance of his official functions;
(c) offenses where the imposable maximum penalty is imprisonment for more
than 1 year or a fine over 5K;
(g) such other classes of disputes which President may determine in the interest
of justice or upon recommendation of the Secretary of Justice.
c
c
NOTE: LGC provides that the court in which non-criminal cases not falling within
Lupon·s authority may, at any time before trial, motu proprio refer the case to
Lupon concerned for amicable settlement (Sec. 408, LGC)
NOTE: Agrarian disputes under the Comprehensive Agrarian Reform Law need
not be referred to the Lupon. The body tasked to mediate and conciliate disputes
between parties involved in agrarian dispute is the Barangay Agrarian Reform
Committee (Secs. 46 & 47, RA6657)
VENUE OF ACTIONS ²
(a) disputes involving parties residing in the same barangay ² dispute must be
brought for settlement in the said barangay;
(c) disputes involving real property between parties residing in the same
city/municipality ² dispute brought in barangay where real property/larger
portion thereof is situated.
(d) disputes arising at the work place/educational institution ² brought before the
barangay where the workplace/institution is located (provided that the parties
are residents of the same city/municipality although the workplace/institution be
located in a different city/municipality).
NOTE: Objection to venue of the dispute is deemed waived when not raised in
the mediation proceedings before the Punong Barangay (Sec. 409, LGC).
c
c
3. In all KP proceedings, the parties must appear in person without the assistance
of counsel/representative, except for minors and incompetents who may be
assisted by their next-of-kin (that is a relative or responsible friend with whom the
incompetent lives) who are not lawyers. (Sec. 415, LGC)
c
c
NOTE: If Punong Barangay fails in his mediation efforts within 15 days from the first
meeting of the parties before him, he is required to set a date for the constitution
of the Pangkat (Sec. 410, LGC).
NOTE: The parties are required to be present on the date set for constitution of the
Pangkat. If Complainant fails to appear on such date, Punong Barangay can (a)
dismiss the complaint; (b) direct the issuance of and attest to the certification to
bar the filing of the action in court/any government office; (c) apply with the
local trial court for punishment of the recalcitrant party as for indirect contempt
of court. If it is Respondent who fails to appear, the Punong Barangay can: (a)
dismiss Respondent·s counterclaim; (b) direct issuance of and attest to the
certification to bar the filing of Respondent·s counterclaim in court/government
office; (c) apply with local trial court for punishment of recalcitrant party as for
indirect contempt of court; and (d) proceed with the constitution of the Pangkat
by drawing of lots.
PROCEEDINGS BEFORE THE PANGKAT ² Pangkat shall convene not later than 3
days from its constitution, on the day and hour set by Lupon Chair, to hear both
parties and their witnesses, simplify issues and explore all possibilities for
amicable settlement. For this purpose, Pangkat may issue summons for the
personal appearance of the parties and the witness (Sec. 410, LGC).
NOTE: For Complainant·s failure to appear for conciliation, Pangkat Chair shall set
a date for him to appear before him to explain the reason for his failure to
appear at the hearing. If such absence is unjustifiable, Pangkat Chair shall (a)
dismiss the complaint; (b) direct the issuance of and attest to the certification to
bar the filing of the action in court; (c) apply with the local trial court for
punishment of the recalcitrant party as for indirect contempt of court.
NOTE: For Respondent·s failure to appear for conciliation, Pangkat Chairm shall:
(a) dismiss Respondent·s counterclaim; (b) direct the issuance of and attest to
the certification to bar the filing of Respondent·s counterclaim in court and to file
Complainant·s action in court; and (c) apply with the local trial court for
punishment of recalcitrant party as for indirect contempt of court.
NOTE: Any aggrieved party to an agreement for arbitration may, within 5 days
from date thereof, repudiate the same by filing with the Punong
Barangay/Pangkat Chairman, a statement sworn to before either of them
repudiating the agreement on the ground that his consent thereto was obtained
and vitiated by fraud, violence or intimidation.
c
c
NOTE: Punong Barangay/Pangkat must render an arbitral award after the lapse of
the period for repudiation and within 10 days thereafter (Sec. 413, LGC).
NOTE: The amicable settlement/arbitration award has the force and effect of a
final judgment of a court upon the expiration of 10 days from date thereof, unless
repudiation of the settlement has been made or a petition to nullify the award
has been filed before the proper city/municipal court. This rule however does not
apply to court cases settled by the Lupon where the compromise settlement
agreed upon by the parties before the Lupon/Pangkat chair shall be submitted
to the court and upon approval thereof, have the force and effect of a udgment
of said court (Sec. 416, LGC).
NOTE: A party whose consent is vitiated may file a sworn statement before the
Punong Barangay alleging the acts of fraud, violence or intimidation committed
against him within 10 days from date of settlement. Repudiation of the
compromise agreement is a sufficient basis for issuance of a certification for filing
action in court or in any government agency. (Sec. 418, LGC)
NOTE: A party who does not conform to the arbitration award may file a petition
for nullification of the arbitration award before the property city/municipal court
(Sec. 416, LGC).
(a) Person seeking enforcement of the agreement or award must file a motion
with the Punong Barangay for the execution of a final settlement/award which
has not been complied with. The other party must be furnished a copy of said
motion;
c
c
(b) on the day the motion for execution is filed, the Punong Barangay shall set
the same for hearing on a date agreed to by the movant, which shall not be later
than 5 days from date of filing of the motion. The Punong Barangay shall give
immediate notice of hearing to the other party;
(c) during the hearing, Punong Barangay shall ascertain the fact of non-
compliance with the terms of the settlement/award. Upon such determination of
non-compliance, the Punong Barangay shall strongly urge the party obliged to
voluntarily comply with the settlement/award;
(d) Within 5 days from the day of the hearing, the Punong Barangay shall
determine whether or not voluntary compliance can be secured;
(e) if there is no voluntary compliance upon the lapse of the 5 days, the Punong
Barangay shall issue a notice of execution in the name of the Lupong
Tagapamayapa. The said notice must intelligently refer to the settlement/award
and the amount actually due thereunder if it be for money or the terms thereof
which must be complied with.
NOTE: At any time before the sale of property on execution, the party obliged
may prevent the sale by paying the amount required by the order of execution.
(a) written notice (in case of perishable property by posting immediately upon
taking possession thereof of a written notice of the time and place of the sale in 3
c
c
public places in the barangay where the sale is to take place, for not less than 24
hours prior to the sale) (in case of other personal property, by posting
immediately upon taking possession thereof a similar notice in three public
places in the barangay where the sale is to take place for not less than 5 not
more than 10 days);
(b) public auction (to highest bidder in a public auction between the hours of
8am and 5pm at the place indicated in the notice;
(c) coverage of the sale (only such property as are sufficient to satisfy the
execution may be sold Party obliged if present at the sale, may direct the order
in which personal property shall be sold);
(e) disposition of proceeds of the sale (Punong Barangay shall pay to the
prevailing party so much of the proceeds of the sale as will satisfy the
settlement/award. Any excess in the proceeds over the settlement/award must
be delivered to the party obliged. When the prevailing party is the purchaser, he
shall pay to the party obliged only such amount as exceeds the amount of the
settlement/award);
Note: Purpose of Barangay Assembly meet is to: (a) hear and discuss semestral
report of the captain concerning activities and finances of the barangay; (b)
initiate legislative processes by recommending to sanggunian adoption of
measures for the welfare of the barangay (such initiative, under Art. 133 of
implementing rules is by petition by not less than 50% of registered voters); (c)
decide on adoption of initiative as a legal process whereby registered barangay
voters can directly propose, enact or amend any ordinance.
c
c
and not more than 21 years of age, duly registered in the list of SK or official
barangay list in the custody of the barangay secretary.
Section 427 ² SK MEETING ² regularly, once a month on a date, time fixed by the
SK. Special meetings may be called by SK Chairman or at least 3 membersor at
least 3 membersor at least 3 members by giving written notice to all members of
the date, time and place of meeting at least one day in advance.
Section 429 ² TERM OF OFFICE ² 3 years, unless sooner removed for causes as
provided by law, permanently incapacitated dies or resigns.
PROVINCES
Under Sec. 134, the taxing power of a province is limited to those enumerated in
Secs. 135-141, that is: (a) tax on transfer of real property; (b) tax on business of
printing and publication; (c) franchise tax; (d) tax on sand, gravel and other
c
c
quarry resources; (e) professional tax; (f) amusement tax; and (e) annual fixed
tax for every delivery truck or van of manufacturers, producers, wholesaler,
dealers or retailers of certain products.
TRANSFER TAX (Sec. 135) ² imposed on sale, donation, barter or any other mode
of transfer of ownership of real property at a maximum rate of 50% of 1% of the
total consideration for the acquisition or fair market value, whichever is higher
(does not apply to sale of real property covered by Comprehensive
Agrarian Reform).
Note: Transfer Tax (TT) vs. Capital Gains Tax (CGT) ² TT is local tax, CGT is national
tax; TT is tax on transfer of real property, CGT is income tax for proceeds of sale;
there is a variable tax rate for TT not to exceed 50% of 1% of transfer
consideration or FMV whichever is higher, CGT is a final tax of 6% of gross selling
price or FMV, whichever is higher; TT must be reported and paid within 60 days
from execution of transfer document, CGT must be paid within 30 days from sale
or disposition.
TAX ON QUARRY RESOURCES (Sec. 138) ² on stones, gravel, etc. extracted from
public lands or from beds of seas, lakes, rivers, streams, creeks other public
waters within the province at a rate of not more than 10% of fair market value in
locality per cubic meter of said resources.
Note: Permit to extract sand, gravel and other quarry resources shall be issued
exclusively by provincial governor pursuant to an ordinance for that purpose by
the Sangguniang Panlalawigan. Without such ordinance, the Governor, by
himself, cannot issue the quarrying permit.
Note: Proceeds of this tax is shared ² 40% to barangay where resources are
extracted, 30% to component city/municipality, and 30% to the province.
Note: PROVINCE OF BULACAN vs. CA 229 SCRA 442 ² A province has no authority
to impose taxes on sand, gravel and other quarry resources extracted from
private lands. It may not do so because of the limitations in Sec. 133 of LGC and
Sec. 151 of NIRC.
PROFESSIONAL TAX (Sec. 139) ² annual tax on person engaged in the exercise or
practice of his profession requiring government examination. It is in an amount
and subject to reasonable classification as Sangguniang Panlalawigan may
determine but not to exceed P300.00.
c
c
Note: Paid on or before 31st day of January except for new professionals who
must pay it before beginning his practice regardless of what month that is.
Note: The proprietor, lessee, operator of theaters or cinemas must first deduct,
withhold and pay the amusement tax to the provincial treasurer before gross
receipts are divided between said proprietor, lessees, or operators.
Note: Operas, concerts, drams, recitals, painting and art exhibition, flower shows,
musical programs, literary and oratorical presentations are exempt from this tax,
except for pop, rock and similar concerts.
Note: Proceeds of the tax to be equally shared by province and city where such
amusement places are located.
Note: PHILIPPINE BASKETBALL ASSOCIATION vs. CA 337 SCRA 350 ² The province
can only impose tax on the admission from proprietors, lessees or operators of
theaters, cinemas, concert halls, circuses and other places of amusement and
has no authority to tax professional basketball games.
ANNUAL FIX TAX ON DELIVERY TRUCKS (Sec. 141) ² tax at the maximum rate of
P500 for trucks, vans or any vehicle used, for delivery to sales outlets, by
manufacturers, retailers, wholesalers, dealers, producers of distilled spirits,
fermented liquors, softdrinks, cigars and cigarettes and other products as may
be determined by the Sangguniang Panlalawigan .
MUNICIPALITIES
Under Section 142, taxing powers of municipalities extends to taxes, fees and
charges not otherwise levied by provinces. Specifically, the taxes, fees and
charges which they may impose include: (a) tax on business; (b) fees and
charges on business and occupation; (c) fees for sealing weights and measures;
and (d) fishery rentals, fees and charges.
BUSINESS TAX (Sec. 143) ² may be imposed (see Sec. 143 of LGC for prescribed
rates) upon:
sc Manufacturers, assemblers, repackers, processors, brewers, distillers,
rectifiers and compounders of liquor, distilled spirits and wines or
manufacturers of any article of commerce of whatever nature or kind;
sc Wholesaler, distributor or dealers in any article of commerce of whatever
kind or nature;
sc Exporters and manufacturers, millers, producers, wholesalers, distributors,
dealers or retailers of essential commodities such as rice and corn, wheat,
cooking oil and cooking gas, etc.;
sc Contractors and other independent contractors;
sc Banking and other financial institutions;
sc Peddlers;
sc Any business, not otherwise specified in the preceding paragraphs.
c
c
Note: Business is restricted to activities or affairs where profit is the purpose and
livelihood is the motive. See related case YAMANE vs. BA LEPANTO
CONDOMINIUM CORPORATION, G.R. No. 154993, October 25, 2005.
Note: Metropolitan Manila municipalities are authorized to levy higher tax rates
(including on business) at a rate not higher that 50% of what is allowed other
municipalities (Sec. 144)
Note: Upon termination of business subject of the local business tax, said
business is required a sworn statement of its gross sales or receipts of the current
year. The difference shall be paid before the business is officially retired (Sec.
145)
Note: The municipal business tax is payable for every separate and distinct
establishment or place of business subject to the tax is conducted. Moreover,
one line of business does not become exempt by being conducted with some
other businesses for which such tax has been paid. The tax on business must be
paid by the person conducting the same. If he conducts or operates two or more
businesses which are subject to the same rate of tax, the tax shall be computed
on the combined total gross sales or receipts of said businesses. If they are
subject to different tax rates, the gross sales or receipts of each business shall be
separately reported for the purpose of computing the tax due on each business
(Sec. 146).
FEES & CHARGES ON BUSINESS & OCCUPATION (Sec. 147) ² Except for business
and occupation subject to the same tax by provinces, the municipality can
impose and collect fees and charges ´on the practice of any profession or
calling,µ commensurate with the cost of regulation, inspection and licensing
before any person may engage in such business or occupation or practice such
profession or calling.
FEES FOR SELLING & LICENSING WEIGHTS & MEASURES (Section 148) ²authorizes
the sangguniang bayan to prescribe the necessary regulations for the use of
weights and measures, subject DOST guidelines. Further, the sanggunian shall, by
appropriate ordinance, penalize fraudulent practices and unlawful possession
and use of weight and measurement instruments, prescribing the penalty
therefor in accordance with the provisions of the LGC. Such ordinances, may
also authorize the municipal treasurer to settle by way of compromise penalty
not less than P200.00, an offense not involving the commission of fraud before a
case therefor is filed in court.
FISHERY RENTALS, FEES & CHARGES (Sec 149) ² vests exclusive authority upon
Municipalities to grant fishery privileges in municipal waters and impose rentals,
fees or charges therefor in accordance with the provisions thereof. With respect
to such fishery privileges, preferential right is given to duly registered
organizations and cooperatives of marginal fishermen.
Note: LAGUNA LAKE DEV·T AUTHORITY vs. COURT OF APPEALS 251 SCRA 42
SITUS OF BUSINESS TAX (Section 150) ² Situs refers to the place where the tax has
to be paid. In the case of business without branches, the sale shall be recorded
in the principal office and the taxes due thereon shall accrue and be paid in the
city or municipality where the sale or transaction is made. For businesses with
outlets or branches in places other than its principal office, the sale shall be
recorded in the branch where the sale or transaction is made and the taxes shall
accrue and be paid in the city or municipality where such branch or outlet is
located.
c
c
CITIES
According to Sec. 151, a city may levy taxes, fees and charges which the
province or municipality may impose except as otherwise provided in the LGC.
Taxes, fees and charges collected by highly urbanized and independent
component cities shall accrue to them and distributed in accordance with the
provisions of the same Code. Tax rates imposed by cities may exceed by not
more than 50% the maximum rates allowed provinces and municipalities except
for professional and amusement taxes.
BARANGAY
Sec. 152 provides that following taxes, fees and charges may be imposed by the
barangay which shall accrue exclusively to it:
sc Taxes on retail stores with fixed business establishments (with gross
sales/receipts of 50T for city barangay, 30T for municipal barangay) at a
maximum rate of 1% of gross sales/receipts;
sc Service fee or charges for regulation or use of barangay-owned properties
or service facilities;
sc Fee for issuance of barangay clearance for any business or activity
located or conducted with the barangay before city/municipality may
issue a license or permit (application for barangay clearance to be acted
upon within 7-days from filing, after which period, city/municipality may
issue permit/license to the applicant);
sc Other fees and charges: (i) commercial fighting cock-breeding (that is,
annual sale of more than 5 fighting cocks of a duly registered breeder); (ii)
cockfighting and cockpits; (iii) places of recreation (one where one seek
admission to entertain himself by seeing or viewing a show or
performance or where he amuses himself by direct participation); (iv)
billboards, signboards, neon signs and outdoor advertisement.
Under Secs. 153, 154 and 155 of LGC, all LGUs including the barangays
may: (a) impose and collect fees and charges for services rendered; (b)
fix the rates for the operation of public utilities owned, operated and
maintained by them within their jurisdiction; and (c) set terms and
conditions and fix the rates for toll fees and charges for the use of any
public road, pier or wharf, waterway, bridge or ferry or
telecommunications system funded and constructed by the LGU (AFP and
PNP members on mission, post office personnel delivering mail, physically
handicapped and disabled citizens 60 years and above are exempt from
this charge).
COMMUNITY TAX
Under Sec. 156, cities or municipalities may levy community tax (the residence
tax levied and administered by the National Gov·t has been transformed from a
national tax to a local tax).
Note: Admin. Order 260 dated January 16, 1992 directed the sanggunians of all
cities and municipalities to enact a local tax ordinance levying a community tax
pursuant to Sec. 156, LGC.
c
c
Note: (Sec. 159) ² Diplomatic and consular representatives and transient visitors
whose stay in the Philippines does not exceed three months are exempt.
Note: Under Sec. 163, community tax certificate required on certain occasions
such as when an individual subject of the tax acknowledges any document
before a notary public, takes the oath of office upon election or appoint to a
government position, etc., but not required in connection with registration of a
voter.
Note: City/Municipal treasuer shall deputize the barangay treasurer to collect the
community tax in their respective jurisdiction. Proceeds of the tax actually and
directly collected by the city or municipal treasurer shall accrue entirely to the
general fund of the city/municipality concerned save for a portion to be remitted
to the national government to cover BIR·s cost of printing and distribution of the
community tax certificate. Proceeds of the tax collected through barangay
treasurers to be appointed 50-50 to general fund of the city/municipality and the
barangay.
COLLECTION OF TAXES
All taxes, fees or charges shall be collected by the provincial, city, municipal or
barangay treasurer, or their duly authorized deputy.
Note: Under Sec. 166, unless otherwise provided in the Code, all local taxes, fees
and charges shall accrue on the 1st of January of each year and shall be paid
within the first 20 days of January or of each subsequent calendar quarter as the
case may be.
Note: Under Sec. 168, Sanggunian may impose a surcharge not exceeding 25%
of the amount of taxes, fees or charges not paid on time and interest at the rate
of not more than 2% per month of unpaid taxes, fees or charges including
surcharges until such amount is fully paid but in no case shall the total interest
exceed 36 months.
The remedies for collection of delinquent local taxes are either or both: (1) civil;
and/or (2) criminal in nature. The civil remedies which may be pursued
concurrently or simultaneously at the discretion of the LGU, are: (1)
administrative action by means of distraint upon personal property and/or levy
on real property, or (2) judicial action.
c
c
Note: Under Sec. 173, when local taxes, fees, charges and other revenues are
not paid on time or fall due, such taxes, charges or other revenues shall
constitute a lien, superior to all liens, charges or encumbrances in favor of any
person, enforceable by appropriate administrative or judicial action.
Note: Sec. 175 provides for the procedure for distraint. The latter involves, the
taking seizure or confiscation, upon written notice, of the personal property
belonging to a taxpayer.
Note: Sec. 176 provides for the procedure for levy which has the force of a legal
execution against the real property of a taxpayer.
Note: Sec. 179 provides for a 1-year period of redemption of levied property sold
at public auction. Valid redemption cancels the certificate of sale issued at
public auction.
Note: Sec. 183 provides that the LGU may enforce collection of delinquent taxes,
fees, charges or other revenues by civil action in any court of competent
jurisdiction within period prescribed by Sec. 194.
Note: Sec. 185 provides for the personal properties of a taxpayer exempt from
distraint or levy.
TAXPAYER·S REMEDIES
Sec. 194 ² General Rule: Period to assess local taxes, fees or charges is within 5
years from due date. Exception: in case of fraud or intent to evade payment of
taxes, fees or charges, assessment may be made within 10 years from discovery
of fraud or intent to evade payment.
Note: No judicial or administrative action for collection of local taxes, charges or
fees can be instituted after expiration of assessment period.
Note: Within 5 years from date of assessment, local taxes, fees or charges may
be collective by administrative or judicial action.
Note: Prescriptive period may be interrupted/suspended for the time during
which ² (a) treasurer is legally prevented from making the assessment or
collection; (b) taxpayer requests for reinvestigation and executes written waiver
before expiration of the period within which to assess or collect; and (c) taxpayer
is out of the country or otherwise cannot be located.
Sec. 195 ² Within 60 days from receipt of notice of assessment from local
treasurer or his agent, taxpayer may file a written protest with the local treasurer.
Such protest to be decided by the treasurer within 60 days from date of filing.
Within 30 days from receipt of the treasurer·s decision, taxpayer may file an
appeal with the court.
Sec. 196 ² Taxpayer must first file a written claim for refund or credit with the local
treasurer for recovery of any tax, fee or charge erroneously or illegally collected.
No case or proceeding can be maintained in any court for such recovery
without prior written claim. No case or proceeding will be entertained in any
court after 2 years from date of payment of such tax or from date taxpayer is
entitled to a refund or credit.