– 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.
|Published (Last):||14 March 2010|
|PDF File Size:||18.2 Mb|
|ePub File Size:||6.26 Mb|
|Price:||Free* [*Free Regsitration Required]|
Far from being absolute regarding application of the irf of a contiguous territory of at least 2, square kilometers as certified by the Land Management Bureau, Section allows for said exemption by providing, under paragraph b thereof, that t he territory need not be contiguous if the new province comprises two pgc more islands or is separated by a chartered city or cities which do not contribute to the income of the province.
This is because contiguity does not always mean contact by land. The sangguniang barangay shall appropriate the SK funds in lump sum which shall be disbursed solely for youth development and empowerment purposes.
The factual and procedural antecedents are not in dispute. In the absence of a Youth Development Office in the province, lgf 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 training programs of SK officials and LYDC members.
Indeed, the forum for examining the wisdom of the law, and enacting remedial measures, is not this Court but the Legislature. Observance of Linggo ng Kabataan. Reimbursement of actual travelling expenses shall be governed by existing laws, rules and regulations; 6 The SK chairperson shall have the same privileges enjoyed by other sangguniang barangay officials under this IRR, subject to such requirements and limitations provided herein. The 19991 as a nation builder 3.
If the need arises, representatives from the national government agencies may be invited as resource persons.
Art. , Rule XXIII, IRR of RA
The territorial lrr of a province sought to be created shall be properly identified by metes and bounds. The Local Government Code of says… in Section During the May 14, synchronized National and Local Elections, the constituents of the Province of Dinagat Islands have, in fact, already elected their provincial officers who are about to complete their first term of office.
In the case of the SK secretary, the SK chairperson shall issue the certification duly noted by the punong barangay.
As eloquently stated in his dissent: The plebiscite conducted by the Commission on Elections COMELEC on December 3, in the local government units directly lfc by the creation of the new province yielded 69, affirmative votes and 63, negative votes. Compliance with the land area requirement by the Lyc of Dinagat Islands is cast in even relief when gauged from the clear and unambiguous language of the IRR which was lgx in accordance with Section of the Local Government Code, by the Oversight Committee chaired by the Executive Secretary and composed of representatives from the Senate,  the House of Representatives,  the Cabinet  and the leagues of local government units.
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 9191 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.
A group of islands composed of the municipalities of Basilisa, Cagdianao, Dinagat, Libjo, Loreto, San Jose and Tubajon with an aggregate land area of Lfc and Election of the SK. Republic of the Philippines All content is in the public domain unless otherwise stated.
The concerned LGOO in coordination with the Election Officer shall facilitate the conduct of the elections which shall be held within fifteen 15 days from the SK elections in the case of the Pambayan and Panlungsod na Pederasyon, and within ire 30 days in the case of the Panlalawigang Pederasyon.
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.
COMELEC it held that t he Constitution requires that the criteria for the creation of a province, including any exemption from such criteria, must all be written in the Local Government Code. COMELEC  where the principal issue was, however, the invalidity of the creation of the province of Negros Del Norte on account of the fact that the plebiscite therefor conducted did not include the parent province of Negros Oriental.
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. Quezon as working document; 2. 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 the same manner, ogc law, by providing in paragraph b of Section that the territory need not be contiguous if the same is comprised of islands, must be interpreted as intended to exempt such territory from the land area component of 2, sq.
All notices shall be posted at least three 3 days prior to 19991 conduct of the assembly, except for special assemblies where the notice shall be posted at least one 1 day before the meeting.
Art. 182, Rule XXIII, IRR of RA 7160
Any person who shall falsely certify as to the attendance of any SK official shall be criminally and administratively liable; 4 Be provided by the National Government with Philippine Health Insurance Corporation PhilHealth coverage, the amount of which to be included in the yearly General Appropriations Act GAAas provided for under the Revised Implementing Rules and Regulations of the National Health Insurance Act of ; 5 Be entitled to receive actual travelling reimbursements as may be authorized by law, irf subject to the availability of funds: In addition to the invalidation of the law as unconstitutional, petitioners prayed for the orr 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.
Political immaturity of the electorate in general; 4. The average annual income shall include the income accruing to the general fund, exclusive of special funds, special accounts, transfers, and nonrecurring income; and. The SK, in the case of barangay, and the respective LYDC in cooperation with the Pederasyon ng mga SK, in the case of province, city and municipality, shall take the lead in this observance.