Local Chief Executives

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Local Chief Executives

  1. 1. 1 >>The Barangay Captains >>The Mayors >>The Provincial Governors
  2. 2. 2 Section 389 (LGC) & Rule XV. Art. 88 (IRR) The Punong Barangay, as the chief executive of the barangay, is mandated to exercise powers and perform duties and functions necessary to promote the general welfare of the barangay and its inhabitants. ~The Local Government Code of 1991~
  3. 3. 3 Section 16. General Welfare Within their respective jurisdictions, local government unit shall ensure and support, among other things, 1. the preservation and enrichment of culture, promote health and safety, 2. enhance the right of the people to a balanced ecology, 3. encourage and support the development of appropriate and self-reliant scientific and technological capabilities, 4. improve public morals, 5. enhance economic prosperity and social justice, 6. promote full employment among their residents, 7. maintain peace and order, 8. and preserve the comfort and convenience of their inhabitants.
  4. 4. 4 (b) Pursuant to Section 16 of the Code, Punong Barangay shall: 1. Applicable laws and ordinances 2. Negotiate, enter into, and sign contracts 3. Maintain public order 4. Call and preside over the sessions. 5. Appoint or replace appointive barangay officials; 6. Organizing and leading an emergency group. 7. Preparing the annual executive and supplemental budgets 8. Approval of Vouchers
  5. 5. 5 9. Pollution control/protection of the environment; 10. Administering the operation of the katarungan pambarangay. 11. General supervision over sangguniang kabataan 12. Ensure the delivery of basic services 13. Conduct annual palarong barangay. 14. Promote general welfare of the barangay; 15. Exercise such other powers and perform such other duties and functions. (c) possess and carry the necessary firearm subject to appropriate rules and regulations.
  6. 6. 6 On Punong Barangay: Punong barangay has more power, relatively speaking, than mayor or governor. Exercises the BASIC duty of executing applicable laws and ordinances. Presiding officer Exercises some legislative powers Thus, Has ultimate participation Settling Disputes Consideration & passage of ordinances Judicial Function Above observation, consolation Legal Status Many limitations on barangay Powers, In hierarchy of LGU Implement National Laws Like those relating to Pollution Control.
  7. 7. 7 LOCAL GOVERNMENT CODE OF 1991 Local Chief Executives; Powers, Duties, Function & Compensation Section 465 Provincial Governor; Section 455 City Mayor; Section 444 Municipal Mayor; IMPLEMENTING RULES AND REGULATIONS RULE XV Powers, Duties, & Function of the Local Chief Executives Article 85 Provincial Governor Article 86 City Mayor Article 87 Municipal Mayor
  8. 8. 8 Section 465, 444, 455 (LGC) & Rule XV. Art. 85,86,87 (IRR) The Provincial Governor and Mayor, as the chief executive of the provincial and city and/or municipal government, is mandated to exercise powers and perform duties and functions necessary to promote the general welfare of the locality and its inhabitants. ~The Local Government Code of 1991~
  9. 9. 9 Provincial governor Powers, Duties and Functions Mayor As contemplated 1987 National Constitution under Article X, Section 4. The governor shall ensure that the acts of the component cities and municipalities of the province and of its officials and employees are within the scope of his prescribed Powers, Duties and Functions.
  10. 10. 10 (1)Exercise general supervision and control over all programs, projects, services, and activities shall; (2)Enforce all laws and ordinances and the exercise of the appropriate Corporate Powers provided in (Rule IX and/or Section 22), and implement all approved policies, programs, projects, services and activities of the local government, in addition to, shall; (3)Initiate and maximize the generation of resources and revenues, and apply the same to the implementation of development plans, program objectives and priorities as provided in (Rule XXX and/or Section 18) , in addition to shall; (4)Ensure the delivery of basic services and the provision of adequate facilities provided in (Rule V and/or Section 17), & addition thereto, shall; (5)Exercise such other powers and perform such other duties and functions as may prescribed by law or ordinances; Veto Power
  11. 11. 11 Rule XV- Art. 85,86,87, (b),(1) (i) Determine the guidelines of policies. (ii)Direct the formulation of the local development plan. (iii)Presentation of program, and propose policies and projects. (iv)Legislative measures proposal (v) Appointing local officials and employees (vi) Representing the locality in all its business transaction. (bonds, contracts & obligations) (vii) Emergency measures. (viii) Determine the manner, and place of payment of salaries or wages. (ix) Allocation and assignment of office space & other official buildings. (x) Ensure duties and functions discharge by all executive officials and employees.
  12. 12. 12 Rule XV-Art. 85,86,87, (b),(1) (xi) Examine the books, records and other documents. (xii) Furnishing executive orders within 72 hours after issuance . (xiii) Visiting component cities and municipalities, municipal barangays, at least 6 months. (xiv) Act on leave applications of officials /employees (xv)Authorizing officials trips not exceeding thirty 30 days; (xvi) Call upon any national official or employee for some advices to resolute matters. (xvii)Payment for medical care, necessary transportation, subsistence, hospital or medical fees. (xviii) The Governor as inter-provincial or regional sports councils or committees representative: Mayor solemnizes marriages. (xix) Conduct an annual palarong panlalawigan/panglungsod.
  13. 13. 13 Rule XV- Art. 85,86,87, (b),(1) (xx)Submission of annual report. 1 summary of all matters pertinent to the management, administration and development of the local government 2 and all information and data relative to its Political, Social and Economic conditions; 3 and supplemental reports.
  14. 14. 14 Rule XV-Art. 85,86,87, (b),(2) (i) Officials and employees within the scope of their prescribed powers, duties and functions (ii) Call conventions, seminars, or meetings of any elective and appointive officials. (iii) Issue such executive orders for the faithful and appropriate enforcement and execution of laws and ordinances; (iv) Be entitled to carry the necessary firearm; (v)Formulate the peace and order plan and upon its approval, implement the same in accordance with RA 6975; and, (vi) Appropriate national law enforcement agencies to suppress disorder.
  15. 15. 15 Rule XV- Art. 85,86,87, (b),(3) (i) Require preparation, submission and estimate of appropriations for the ensuing calendar year; (ii) Submission to the sanggunian for approval. (iii) Collection of taxes and revenues: payment of expenses and settlement of obligations. (iv) Issue licenses and permits and suspend or revoke the same. (v1) Measures of conserving land, mineral, marine, forest and other resources. (v2) Mayor: permits for charitable or welfare purpose, excluding prohibited games of chance or shows. (vi1) Administrative or judicial proceedings . (viii) (Mayor) (vi2)Mayor: Require necessary permit for illegal constructions or other structures; fines and penalties.
  16. 16. 16 Rule XV- Art. 85,86,87, (b),(4) (i) Ensure the construction and repair of roads and highways. (ii) Coordinate the implementation of technical services.
  17. 17. 17 Section 22 (LGC) & Rule IX (IRR) ----Corporate Powers (a) Every local Government Unit, as a corporation shall have the following powers; (1) To have a continuous succession in its corporate name; (2) To sue and be sued; (3) To have and use a corporate seal; (4) To acquire and convey real or personal property; (5) To enter into contracts ; and (6) To exercise such other powers as are granted to Corporations, subject to the limitations provided in this code and other laws. On Corporate Power: A body politic with corporate powers. Power to sue and be sued refers to Proprietary Powers Because cannot be sued without its CONSENT, EXPRESS OR IMPLIED.
  18. 18. 18 Unless dispensed with by the code , Local Chief Executive contract prior authorization Sanggunian Required conspicuously displayed in public In accord with Government Transparency Policy Employment of full autonomy not only on governmental powers Also Proprietary Powers subject to legal limitations.
  19. 19. 19 Section 18 (LGC) -----Power to Generate and Apply Resources Rule XXX. Article 218 (IRR)----- Power to Create Sources of Revenue LGU Revenue raising power Resources: taxes, revenues, gains, assets & etc. “productive, developmental and welfare purposes” Establishment of organization Optional offices By administrative rules existing positions Under LGU implied or incidental powers
  20. 20. 20 Section 17(LGC) and Rule V----- Basic Services and facilities The basic services like health care information services waste disposal social services public markets infrastructures; roadways police stations tourism facilities fire stations
  21. 21. 21 Article 109- Veto Power of the Local Chief Executives. (a) The Local Chief Executive may veto any ordinance of the sangguniang panlalawigan, sangguniang panglungsod, or sangguniang bayan on the ground that it is ultra vires or prejudicial to the public welfare, stating his reasons there for in writing. (b) The LCE, except the punong barangay shall have the power to veto any particular item or items of an appropriations ordinance , an ordinance or resolution adopting a local development plan and public investment program or, (1) (2) an ordinance directing the payment of money or creating liability.
  22. 22. 22 The Local Chief Executive may veto an ordinance or resolution only once. The sanggunian may override the veto of the local chief executive concerned by two-thirds (2/3) vote of all its members, thereby making the ordinance effective even without the approval of the local chief executive concerned. The reason: Ultra Vires (beyond the authority of sangguniang concerned) Or Prejudicial (harmful) to public welfare. The reasons for the veto must be stated not merely the general basis. Veto Accompanied by an explanation Why Ultra Vires of Prejudicial ? Once overridden, the ordinance or resolution becomes effective. There can be no veto of an overriding vote. It also contemplates a partial veto which does not extend to the punong barangay.
  23. 23. 23 Prepared by Hanya B. Lao

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