– 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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COMELEC  where the principal issue was, however, the invalidity of the creation of the province of Negros Del Norte on 19911 of rir fact that the plebiscite therefor conducted did not include the parent province of Negros Oriental. The two 2 core members shall be composed of the president and the vice-president of the concerned Pederasyon and shall be supported by at least eight 8 but not more than nineteen 19 other representatives from registered youth organizations or youth serving organizations, provided that all other incumbent SK officials shall not be eligible as member of the LYDC.
If the SK funds allow, a supplemental budget shall be approved. Walang problema yonthats not very critical, yong land area because. If 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.
This shall be submitted to the LCE for inclusion in the Orr Development Plan and subsequently endorsed to the Sanggunian of the local government unit concerned for approval. The League of Cities case concerned the constitutionality of sixteen cityhood laws, each converting the municipalities covered into a city, for non-compliance with Republic Act.
But if we are going to tie the hands of the proponents, simply by telling them, Sorry, you are now at thousand orthousand, you will never be able to become a province because nobody wants to go to that place. In the case of the SK secretary, jrr SK chairperson shall issue the certification duly noted by the punong barangay. Any elected SK official who possesses all the ogc and none of the disqualifications is eligible for re-election. Without taking into consideration the aforesaid legislative intent, the ponencia clearly resorted to a strict verba legis interpretation in lggc the portion of Article 9 of the IRR which states that, The land area requirement shall not apply where the proposed province is composed of one 1 or more islands.
Implementing Rules and Regulations of Republic Act No. 10742
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. Given the lesser importance accorded the 1919 area and population under Section of the present Local Lgv Code, I find that the propriety of applying the restrictive interpretation of the land area requirement in Tan v.
As we said, if we go on a minimum income level, then we say, this is the trigger point at which this administration can take place. The reason why we are willing to increase the income, ire than the House version, because we also believe that economic viability is really a minimum.
Art. , Rule XXIII, IRR of RA
For as long as there is compliance with the income requirement, the legislative intent is, after all, to the effect that the land area and population requirements may be overridden by the established economic viability of the proposed province.
This presumption is rooted in the doctrine of separation of powers which enjoins upon the three coordinate departments of the Government a becoming courtesy for each other’s acts. Correlatively, Section of the Local Government Code prescribes the criteria for the creation of a province in the following wise: Although the exemption in paragraph b appears to extend only to the requirement of contiguity, I am convinced by Mr.
The average estimated annual income shall include the income allotted for both the general and infrastructure funds, exclusive of trust funds, transfers and nonrecurring income. Such SK member shall hold office for the unexpired portion of the term of the vacant seat. These plans shall give priority to programs, projects and activities that will promote and ensure the meaningful youth participation in nation-building, sustainable youth development and empowerment, equitable access to quality education, environmental protection, climate change adaptation, disaster risk reduction and resiliency, youth employment and livelihood, health and anti-drug abuse, gender sensitivity, social protectioncapability building and sports development; 3 Monitor and evaluate the implementation of the Local Youth Development Plan; and 4 Perform such other functions as may be prescribed by law or ordinance.
This is now the concern of their local officials. On the other hand, Youth Serving Organization is an organization with the same core advocacy but whose members are not entirely composed of the youth which may include civil society organizations ie. We suggest Five 5 Strategic Focus for immediate consideration and action: Republic of the Philippines All content is in the public domain unless otherwise stated. A province shall not be created unless the following requisites on income and either population or land area are present: Absence of such reports and documentations or a finding to the contrary upon verification of submitted reports, will disqualify the concerned SK officials from this privilege.
The rules and procedures to be followed in the implementation of the policy on full public disclosure shall be promulgated by the DILG; l Authorize the SK Chairperson to enter into contracts on behalf of the SK, subject to the provisions of SK Reform Act RAthis IRR, Local Government Code of RAGovernment Procurement Reform Act RA and such other pertinent laws and regulations; m Comply with the bonding requirements in accordance with existing laws, rules and regulations, when necessary as in the case of the SK chairperson and the SK treasurer; and n Exercise such other powers and perform such other functions as may be prescribed by law or ordinance, or delegated by the sangguniang barangay or the Commission.
ProvidedThat, the creation thereof shall not reduce the land area, population, and income of the original unit or units at the time of said creation to less than the minimum requirements prescribed herein. Now, what were seeing now is that the administrative efficiency is no longer there because the land areas that we are giving to our governors is so wide that no one man could possibly administer all of the complex machineries that are needed.
A province may be created if it has a territory of at least three thousand five hundred square kilometers, a population of at least five hundred thousand pesos, an average estimated annual income, as certified by the Ministry of Finance, of not less than ten million pesos for the last three consecutive years, and its creation shall not reduce the population and income of the mother province or provinces at the time of said creation to less than the minimum requirements under this section.
In fact, any interpretation that runs counter to the legislative intent is unacceptable and invalid. In lieu thereof, concerned SK officials shall submit written reports, preferably with photographs, or other documentations of their participation in the implementation of programs, projects and activities as outlined in the ABYIP. As hereinbefore observed, however, Section of Batas Pambansa Blg.
Paying attention to this principle, Section 2 a of the Local Government Code of provides as follows: