– PRESCRIBING THE IMPLEMENTING RULES AND REGULATIONS OF THE LOCAL GOVERNMENT CODE OF WHEREAS, Section 25, Article II of . Local Government Code of , affirms, among others, that the territorial and under RA and the implementing rules and regulations issued pursuant . This Act shall be known and cited as the “Local Government Code of ”. SECTION 2. Declaration of Policy. – (a) It is hereby declared the policy of the State.

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Okay, what about land area? Land area and population are functions really of the viability of the area, because where you have an income level which would be the trigger point for economic development, population will naturally increase because there will be an immigration.

We suggest Five 5 Strategic Focus for immediate consideration and action: The SK official shall secure a Certificate of Appearance and other documents as may be ogc by law to be issued by the concerned authority. The provision, then, as worded, only means that the exemption in paragraph b refers to both the components of territory, that is, contiguity and land area, and not merely the first, standing alone.

The National Government through the DILG shall reimburse said college or university the amount of the tuition and matriculation fees. Thus, insofar as islands are concerned, they are deemed contiguous although separated by wide spans of navigable deep waters, with the exception of the high seas, because all lands separated by water touch one another, ,gc a sense, beneath the water.

Subsequent to the proclamation of said vote by the Plebiscite Provincial Board of Canvassers on December 3,the President appointed a new set of provincial officials who took their oath of office on January 26, Because the two component requirements are inseparable, the elimination of contiguity from the territorial criterion has the effect of a co-existent eradication of the land area component.

COMELEC [2] which declared that the term territory only refers to the mass of land area and excludes the waters over which the local government unit exercises control. The creation of local government units is governed by Section 10, Article X of the Constitution which provides that, n o 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.

These representatives shall serve for a term of three 3 years in the LYDC. In ordaining the enactment of a local government code, Section 3, Article X of the Constitution envisioned one which shall provide for a more responsive and accountable local government structure instituted through a system of decentralization. Powers and Functions of the KK. A group of islands composed of the municipalities of Basilisa, Cagdianao, Dinagat, Libjo, Loreto, San Jose and Tubajon with an aggregate land area of Already quoted in Justice Nachuras dissent to the ponenciathe following transcript of the congressional deliberations on the house bill from which the present Local Government Code originated is particularly enlightening regarding the legislative intent for said new requirements, viz.: Katipunan ng Kabataan KK.


Such special registration and verification entitles the organization to participate in the LYDC elections. Limjap could not have been more precise: The following advocacies shall be represented: Router Configuration Ir Tools.

The territory need not be contiguous if it comprises two or more islands. Given the lesser importance accorded the land area and population under Section of the present Local Government Code, I find that the propriety of applying the restrictive ir of the land area requirement in Tan v.

Art. 182, Rule XXIII, IRR of RA 7160

Thus, applying a verba legis or strictly literal interpretation of a statute may render it meaningless and lead to inconvenience, an absurd situation or injustice. As such, the SK funds shall be deposited in the name of the SK of the concerned barangay in a government-owned bank situated in or nearest to its area of jurisdiction with the SK chairperson and the SK treasurer as the official signatories; c All SK funds shall be allocated in an annual budget, and if the funds allow, in a supplemental budget in accordance with the adopted ABYIP.

These shall be disseminated to the concerned offices, institutions and individuals; c Prepare and keep the minutes of all meetings of the SK, including all the assemblies of the KK; and d Perform such other duties and discharge such other functions as the SK chairperson may prescribe or direct. Undaunted by the dismissal of said petition on technical grounds and the denial of their motion for reconsideration thereof, petitioners filed the petition for certiorari to which the case at bench traces its provenance.

The LDC shall meet at least once every six 6 months or as often as may be necessary. The intention of the legislature in enacting a law is the law itself, and must be enforced when ascertained, although it may not be consistent with the strict letter of the statute. In construing a statute, the proper course is to start out and follow the true intent of the Legislature and to adopt the sense that best harmonizes with the context and promotes in the fullest manner the policy and objects of the legislature.

To obviate this aberration, and bearing in mind the principle that the intent or the spirit of the law is the law itself, resort should be to the rule that the spirit of the law controls its letter. The SK chairperson shall, with the concurrence of the majority of all the SK members, appoint from among the members of the KK, a secretary and a treasurer. Correlatively, Section of the Local Government Code prescribes the criteria for the creation of a province in the following wise: In addition to the invalidation of the law as unconstitutional, petitioners prayed for the nullification of the appointment and election of the provincial officers of Dinagat Islands as well as the return of its municipalities and districts to the province of Surigao Del Norte.


Executive Secretary [1] animates this dissent to the denial krr the motion for reconsideration of the February 10, En Banc Decision handed down in the case at bench, declaring as unconstitutional Republic Act No. Thats why were going into the minimum income level. When viewed in the light of the legislative intent underlying Section of the Local Government Code, I respectfully submit that Article 9 of the IRR is not in conflict with the criteria for the creation of provinces ensconced in said provision of the basic law.

Art. , Rule XXIII, IRR of RA

In the aforesaid December 21, Decision in the League of Cities case, the Court sagely ruled that t he legislative intent is not at all times accurately reflected in the manner in which the resulting law is couched. Special meetings may be called by the SK chairperson or any four 4 of its members by giving written notice of the date, time, place and agenda of the meeting, which can be sent either through personal delivery, registered mail, fax or email, to all members, and must be received at least one 1 irf in advance.

In the absence of a Youth Development Office in the province, city or municipality, the designated existing personnel by the LCE shall apply for accreditation with the Commission in order for said official to conduct the mandatory and continuing irr programs of SK officials and LYDC members.

ValenciaSCRA For this purpose, the provincial, city, municipal, or barangay development council, shall assist the corresponding sanggunian in setting the direction of economic and social development, and coordinating development efforts within its territorial jurisdictions… Art. A province is constituted for the purpose of administrative efficiency and delivery of basic services. However, if you disallow the particular area from being converted into a province because of population problems in the beginning, it will never be able to reach the point where it could become a province simply because it will never have the economic take off for it to trigger off that economic development.

After a circumspect consideration of the arguments for and against the validity of the creation of the Province of Dinagat Islands, I am convinced, with all due respect, that a reconsideration of the decision is in order.

In construing statutes the proper course is to start out and follow the true lrr of the legislature. The territory need not be contiguous if it comprises two 2 or more islands or is separated by a chartered city or cities which do not contribute to the income of the province.

Ier the funds of the local government unit are sufficient, it can be a separate department with divisions and units for policy and planning, administration and finance, and programs and operations.