LOCAL GOVERNMENT CODE

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PUBLIC POLICY: LOCAL GOVERNMENT CODE OF THE PHILIPPINES

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RULES AND REGULATIONS IMPLEMENTING THE LOCAL GOVERNMENT CODE OF 1991 : 

RULES AND REGULATIONS IMPLEMENTING THE LOCAL GOVERNMENT CODE OF 1991 MS. APRIL DREAM R. TEODOSIO, CPA, LLB, MPA Resource Speaker

ARTICLE 101 – Powers, Duties and Functions of the Sangguniang Barangay. : 

ARTICLE 101 – Powers, Duties and Functions of the Sangguniang Barangay. (a) The sangguniang barangay, as the legislative body of the barangay, shall:

ARTICLE 101 – Powers, Duties and Functions of the Sangguniang Barangay. : 

ARTICLE 101 – Powers, Duties and Functions of the Sangguniang Barangay. (1) Enact ordinances as may be necessary to discharge the responsibilities conferred upon it by law or ordinance and to promote the general welfare of the inhabitants therein; (2) Enact tax and revenue ordinances, subject to the limitations imposed in the Code; (3) Enact annual and supplemental budgets in accordance with the provisions of these Rules;

ARTICLE 101 – Powers, Duties and Functions of the Sangguniang Barangay. : 

ARTICLE 101 – Powers, Duties and Functions of the Sangguniang Barangay. (4) Provide for the construction and maintenance of barangay facilities and other public works projects chargeable to the general fund of the barangay or such other funds actually available for the purpose; (5) Submit to the sangguniang panlungsod or sangguniang bayan such suggestions or recommendations as it may see fit for the improvement of the barangay or for the welfare of the inhabitants thereof;

ARTICLE 101 – Powers, Duties and Functions of the Sangguniang Barangay. : 

ARTICLE 101 – Powers, Duties and Functions of the Sangguniang Barangay. (6) Assist in the establishment, organization, and promotion of cooperative enterprises that, will improve the economic condition and well-being of the residents; (7) Regulate the use of multi‑purpose halls, multi‑purpose pavements, grain or copra dryers, patios and other post‑harvest facilities, barangay waterworks, barangay markets, parking areas or other similar facilities constructed with government funds within the jurisdiction of the barangay and charge reasonable fees for the use thereof,

ARTICLE 101 – Powers, Duties and Functions of the Sangguniang Barangay. : 

ARTICLE 101 – Powers, Duties and Functions of the Sangguniang Barangay. (8) Solicit or accept monies, materials, and voluntary labor for specific public works and cooperative enterprises of the barangay from residents, landowners, producers, and merchants in the barangay; monies from grants‑in‑aids, subsidies, contributions, and revenues made available to the barangays from national, provincial, city, or municipal funds; and monies from other private agencies and individuals provided that monies or properties donated by private agencies and individuals for specific purposes shall accrue to the barangay as trust fund.

ARTICLE 101 – Powers, Duties and Functions of the Sangguniang Barangay. : 

ARTICLE 101 – Powers, Duties and Functions of the Sangguniang Barangay. (9) Solicit or accept, in any or all the foregoing public works and cooperative enterprises, such cooperation as is made available by national, provincial, city, or municipal agencies established by law to render financial, technical, and advisory assistance to barangays and to barangay residents provided that in soliciting or accepting such cooperation, the sangguniang barangay need not pledge any sum of money for expenditure in excess of amounts currently in the barangay treasury or encumbered for other purposes;

ARTICLE 101 – Powers, Duties and Functions of the Sangguniang Barangay. : 

ARTICLE 101 – Powers, Duties and Functions of the Sangguniang Barangay. (10) Provide compensation, reasonable allowances, or per diem as well as travel expenses for sangguniang barangay members and other barangay officials, subject to the budgetary limitations prescribed under Title Five, Book 11 of the Code provided that no increase in the compensation or honoraria of the sangguniang barangay members shall take effect until after the expiration of the full term of all members of the sangguniang barangay approving such increase;

ARTICLE 101 – Powers, Duties and Functions of the Sangguniang Barangay. : 

ARTICLE 101 – Powers, Duties and Functions of the Sangguniang Barangay. (11) Hold fund‑raising activities for barangay projects without the need of securing permits from any national or local office or agency. The proceeds from such activities shall be tax‑exempt and shall accrue to the general fund of the barangay provided that in the appropriation thereof, the specific purpose for which such fund‑raising activity has been held shall be first satisfied and provided further, that no fund-raising activities shall be held within a period of sixty (60) days immediately preceding and after a national or local election, recall, referendum, or plebiscite.

ARTICLE 101 – Powers, Duties and Functions of the Sangguniang Barangay. : 

ARTICLE 101 – Powers, Duties and Functions of the Sangguniang Barangay. (11) Continued and provided finally, that said fund­raising activities shall comply with national policy standards and regulations on morals, health, and safety of the persons participating therein. The sangguniang barangay, through the punong barangay, shall render a public accounting of the funds raised at the completion of the project for which the fund‑raising activity was undertaken;

ARTICLE 101 – Powers, Duties and Functions of the Sangguniang Barangay. : 

ARTICLE 101 – Powers, Duties and Functions of the Sangguniang Barangay. (12) Authorize the punong barangay to enter into contracts in behalf of the barangay, subject to the provisions of the Code; (13) Authorize the barangay treasurer to make direct purchases in an amount not exceeding One Thousand Pesos (P 1,000.00) at any one time for the ordinary and essential administrative needs of the barangay; In the exercise of this power, the sangguniang barangay shall observe the applicable guidelines on government procurement of supplies issued by COA.

ARTICLE 101 – Powers, Duties and Functions of the Sangguniang Barangay. : 

ARTICLE 101 – Powers, Duties and Functions of the Sangguniang Barangay. (14) Prescribe fines in amounts not exceeding One Thousand Pesos (P1,000.00) for violation of barangay ordinances; (15) Provide for the administrative needs of the lupong tagapamayapa and the pangkat ng tagapagkasundo; (16) Provide for the organization of community brigades, barangay tanod, or community service units as may be necessary;

ARTICLE 101 – Powers, Duties and Functions of the Sangguniang Barangay. : 

ARTICLE 101 – Powers, Duties and Functions of the Sangguniang Barangay. (17) Organize regular lectures, programs, or fora on community problem such as sanitation, nutrition, literacy, and drug abuse, and convene assemblies to encourage citizen participation in government; (18) Adopt measures to prevent and control the proliferation of squatters and mendicants in the barangay;

ARTICLE 101 – Powers, Duties and Functions of the Sangguniang Barangay.. : 

ARTICLE 101 – Powers, Duties and Functions of the Sangguniang Barangay.. (19) Provide for the proper development and welfare of children in the barangay by promoting and supporting activities for the protection and total development of children, particularly those below seven (7) years of age; (20) Adopt measures towards the prevention and eradication of drug abuse, child abuse, and juvenile delinquency; (21) lnitiate the establishment of a barangay high school, whenever feasible, in accordance with law;

ARTICLE 101 – Powers, Duties and Functions of the Sangguniang Barangay.. : 

ARTICLE 101 – Powers, Duties and Functions of the Sangguniang Barangay.. (22) Provide for the establishment of a non‑formal education center in the barangay whenever feasible, in coordination with the Department of Education, Culture and Sports; (23) Provide for the delivery of basic services; and (24) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.

ARTICLE 240 – Scope of Taxing and Other Revenue-Raising Powers of Barangays : 

ARTICLE 240 – Scope of Taxing and Other Revenue-Raising Powers of Barangays The barangays may levy the following taxes, fees, and charges, which shall exclusively accrue to them. (a) Taxes on stores or retailers with fixed business establishments with gross sales or receipts of the preceding calendar year of Fifty Thousand Pesos (P50,000.00) or less, in the case of a barangay within a city, and Thirty Thousand Pesos (P30,000.00) or less, in the case of a barangay within a municipality, at rates not exceeding one percent (1 %) on such gross sales or receipts.

ARTICLE 240 – Scope of Taxing and Other Revenue-Raising Powers of Barangays : 

ARTICLE 240 – Scope of Taxing and Other Revenue-Raising Powers of Barangays (b) Service fees or charges for services rendered in connection with the regulation or the use of barangay‑owned properties or service facilities such as palay, copra, or tobacco dryers. (c) Fee for the issuance of a barangay clearance for any business or activity located or conducted within the territorial jurisdiction of the barangay before the city or municipality, may issue a license or permit to the said business or activity.

ARTICLE 240 – Scope of Taxing and Other Revenue-Raising Powers of Barangays : 

ARTICLE 240 – Scope of Taxing and Other Revenue-Raising Powers of Barangays The application for barangay clearance shall be acted upon within seven (7) working days from the filing thereof. In the event that a clearance is not issued or the application is denied within the said period, the city or municipality may issue the license or permit to the applicant. The issuance of a barangay clearance shall not be required during CY 1992 in the case of existing businesses or activities applying only for renewal of their respective permits or licenses with the city or municipality concerned.

ARTICLE 240 – Scope of Taxing and Other Revenue-Raising Powers of Barangays : 

ARTICLE 240 – Scope of Taxing and Other Revenue-Raising Powers of Barangays (d) Other fees and charges on: (1) Commercial breeding of fighting cocks. For purposes of imposing barangay fees and charges on the commercial breeding of fighting cocks, commercial breeding shall mean an annual sale of more than five (5) fighting cocks of a duly registered breeder. (2) Cockfights and cockpits

ARTICLE 240 – Scope of Taxing and Other Revenue-Raising Powers of Barangays : 

ARTICLE 240 – Scope of Taxing and Other Revenue-Raising Powers of Barangays (3) Places of recreation which charge admission fees. Places of recreation shall include places of amusement where one seeks admission to entertain himself by seeing or viewing the show or performance or those where one amuses himself by direct participation. Single‑Faced ‑ Ten Pesos (P 10.00) Double‑Faced ‑ Twenty Pesos (P20.00)

ARTICLE 240 – Scope of Taxing and Other Revenue-Raising Powers of Barangays : 

ARTICLE 240 – Scope of Taxing and Other Revenue-Raising Powers of Barangays (4) Billboards, signboards, neon signs, and outdoor advertisements at rates not less than the following: (i) Billboards or signboards for advertisement of business, per square meter or fraction thereof (ii) Billboards or signs for professionals, per square meter or fraction thereof Eight Pesos (P8.00).

ARTICLE 240 – Scope of Taxing and Other Revenue-Raising Powers of Barangays : 

ARTICLE 240 – Scope of Taxing and Other Revenue-Raising Powers of Barangays (iii) Billboards, signs, or advertisements for business and professions painted on any building or structures or otherwise separated or detached there from, per square meter thereof Nine Pesos (P9.00). (iv) Advertisement for business or professions by means of slides in movies payable by the advertisers: One Hundred Pesos (P 100.00).

ARTICLE 240 – Scope of Taxing and Other Revenue-Raising Powers of Barangays : 

ARTICLE 240 – Scope of Taxing and Other Revenue-Raising Powers of Barangays (v) Advertisements by means of vehicles, balloons, kites, etc. per day or fraction thereof. Forty Pesos (P40.00); per week or fraction thereof; Sixty Pesos (P60.00); and per month or fraction thereof; Eighty Pesos (P80.00). For the use of electric or neon lights in billboards under items (i) to (iv) above, the amount of Ten Pesos (P 10.00) per square meter or fraction thereof shall be imposed in addition to the above prescribed rates.

ARTICLE 240 – Scope of Taxing and Other Revenue-Raising Powers of Barangays : 

ARTICLE 240 – Scope of Taxing and Other Revenue-Raising Powers of Barangays (vii) Privilege panels shall be subject to one half (1/2) of the rates herein prescribed. (viii) For purposes of this Article, the new rates to be adopted by the barangay shall apply only to billboards, privilege panels, signs, and outdoor advertisements which shall be constructed or installed after the effectivity of the Code.

ARTICLE 240 – Scope of Taxing and Other Revenue-Raising Powers of Barangays : 

ARTICLE 240 – Scope of Taxing and Other Revenue-Raising Powers of Barangays (vi) Signs, signboards, billboards, advertisements, including stick-outs, streamers, lighted signs, and other electronic media, posters, privilege panels, store signs, placards, price strips, buntings, and the like, belonging to manufacturers or producers or professionals, but displayed at the place where a business or profession is conducted, or displayed on delivery or other service and public utility vehicles, shall be exempt from such fees or charges provided in paragraphs (i) and (ii) above and other impositions that may be imposed by the barangay.

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