|
LOCAL GOVERNMENT
General Provisions
SEC 1.
The territorial and political subdivisions of the Republic
of the Philippines are the provinces, cities,
municipalities, and barangays. There shall be autonomous
regions in Muslim Mindanao and the Cordilleras as
hereinafter provided.
SEC. 2.
The territorial and political subdivisions shall enjoy local
autonomy.
SEC. 3.
The Congress shall enact a local government code which shall
provide for a more responsive and accountable local
government structure instituted through a system of
decentralization with effective mechanisms of recall,
initiative, and referendum, allocate among the different
local government units their powers, responsibilities, and
resources, and provide for the qualifications, election,
appointment and removal, term, salaries, powers and
functions and duties of local officials, and all other
matters relating to the organization and operation of local
units.
SEC. 4.
The President of the Philippines shall exercise general
supervision over local governments. Provinces with respect
to component cities and municipalities, and cities and
municipalities with respect to component barangays shall
ensure that the acts of their component units are within the
scope of their prescribed powers and functions.
SEC. 5.
Each local government unit shall have the power to create
its own sources of revenues and to levy taxes, fees, and
charges subject to such guidelines and limitations as the
Congress may provide, consistent with the basic policy of
local autonomy. Such taxes, fees, and charges shall accrue
exclusively to the local governments.
SEC. 6.
Local government units shall have a just share, as
determined by law, in the national taxes which shall be
automatically released to them.
SEC. 7.
Local governments shall be entitled to an equitable share in
the proceeds of the utilization and development of the
national wealth within their respective areas, in the manner
provided by law, including sharing the same with the
inhabitants by way of direct benefits.
SEC. 8.
The term of office of elective local officials, except
barangay officials, which shall be determined by law, shall
be three years and no such official shall serve for more
than three consecutive terms. Voluntary renunciation of the
office for any length of time shall not be considered as an
interruption in the continuity of his service for the full
term for which he was elected.
SEC. 9.
Legislative bodies of local governments shall have sectoral
representation as may be prescribed by law.
SEC. 10.
No province, city, municipality, or barangay may be created,
divided, merged, abolished, or its boundary substantially
altered, except in accordance with the criteria established
in the local government code and subject to approval by a
majority of the votes cast in a plebiscite in the political
units directly affected.
SEC. 11.
The Congress may, by law, create special metropolitan
political subdivisions, subject to a plebiscite as set forth
in Section 10 hereof. The component cities and
municipalities shall retain their basic autonomy and shall
be entitled to their own local executives and legislative
assemblies. The jurisdiction of the metropolitan authority
that will hereby be created shall be limited to basic
services requiring coordination.
SEC. 12.
Cities that are highly urbanized, as determined by law, and
component cities whose charters prohibit their voters from
voting for provincial elective officials, shall be
independent of the province. The voters of component cities
within a province, whose charters contain no such
prohibition, shall not be deprived of their right to vote
for elective provincial officials.
SEC. 13.
Local government units may group themselves, consolidate or
coordinate their efforts, services, and resources for
purposes commonly beneficial to them in accordance with law.
SEC. 14.
The President shall provide for regional development
councils and other similar bodies composed of local
government officials, regional heads of departments and
other government offices, and representatives from
non-governmental organizations within the region for
purposes of administrative decentralization to strengthen
the autonomy of the units therein and to accelerate the
economic and social growth and development of the units in
the region.
Autonomous Region
SEC. 15.
There shall be created autonomous regions in Muslim Mindanao
and in the Cordilleras consisting of provinces, cities,
municipalities, and geographical areas sharing common and
distinctive historical and cultural heritage, economic and
social structures, and other relevant characteristics within
the framework of this Constitution and the national
sovereignty as well as territorial integrity of the Republic
of the Philippines.
SEC. 16.
The President shall exercise general supervision over
autonomous regions to ensure that the laws are faithfully
executed.
SEC. 17.
All powers, functions, and responsibilities not granted by
this Constitution or by law to the autonomous regions shall
be vested in the National Government.
SEC. 18.
The Congress shall enact an organic act for each autonomous
region with the assistance and participation of the regional
consultative commission composed of representatives
appointed by the President from a list of nominees from
multi sectoral bodies. The organic act shall define the
basic structure of government from the region consisting of
the executive department and legislative assembly, both of
which shall be reflective and representative of the
constituent political units. The organic acts shall likewise
provide for special courts with personal, family, and
property law jurisdiction consistent with the provisions of
this Constitution and national laws.
The creation of the autonomous region shall be effective
when approved by majority of the votes cast by the
constituent units in a plebiscite called for the purpose,
provided that only provinces, cities, and geographic areas
voting favorably in such plebiscite shall be included in the
autonomous region.
SEC. 19.
The first Congress elected under this Constitution shall,
within eighteen months from the time of organization of both
Houses, pass the organic acts for the autonomous regions in
Muslim Mindanao and the Cordilleras.
SEC. 20.
Within its territorial jurisdiction and subject to the
provisions of this Constitution and national laws, the
organic act of autonomous regions shall provide for
legislative powers over:
(1) Administrative organization;
(2) Creation of sources of revenues;
(3) Ancestral domain and natural resources;
(4) Personal, family, and property relations;
(5) Regional urban and rural planning development;
(6) Economic, social, and tourism development;
(7) Educational policies;
(8) Preservation and development of the cultural heritage;
and
(9) Such other matters as may be authorized by law for the
promotion of the general welfare of the people of the
region.
SEC. 21.
The preservation of peace and order within the regions shall
be the responsibility of the local police agencies which
shall be organized, maintained, supervised, and utilized in
accordance with applicable laws. The defense and security of
the regions shall be the responsibility of the National
Government. |
