Tasks and Responsibilities Checklist A Simple ... - LGRC DILG 10

A Simple Reference Guide to ActionTHE MUNICIPAL MAYOR1

THE MUNICIPAL MAYORTasks and ResponsibilitiesChecklistA Simple Reference Guide to Action3

Message from the Executive Directorongratulations for owning a copy of this knowledge materialon The Tasks and Responsibilities of Local GovernmentOfficials.CThe pursuit of effective and good governance take-off from a strongand potent local leadership. We clamor for local leaders who possessand articulate their shared visions, and who are able to steer theirlocality towards this vision along with the other strategic sectors likecivil society, the basic sectors and the business community. Beyondleadership, it is also crucial to converge and explore participatoryapproaches that foster transparency, effectiveness, and efficiencyin the public sector.The Local Government Academy is therefore proud to present to youthis Gift for Good Governance which is part of our continuing missionto empower our local communities. We feel that it is very importantfor us to cultivate a culture of learning in our localities that will caterto our people’s victory against the perennial problems on poverty.This guidebook complements the other existing local governancetools. It is packaged to serve as a practical and reader-friendlyreference material for local officials in knowing their functions ascatalysts for local development.We hope that this will serve as an inspiration to all the readers as theyembark towards achieving their mission and leading their people intoprosperity.Marivel C. SacendoncilloExecutive Director5

Message from the Philippine Development ForumWorking Group on the Decentralization and Local Governments an elected official of your Local Government, you havetaken up the challenge of responding to the call of yourcitizens for effective governance and efficient servicedelivery. An important first task for you and other membersAof your team will be to develop a good understanding of your mandateas it relates to the particular circumstances of your LGU and as a basisfor deciding on the strategic direction on which you will focus overthe next three years.The Working Group on Decentralization and Local Governmentestablished under the Philippines Development Forum aims to promotecoordination of development efforts between different governmentdepartments, international donors and other local-governmentstakeholders in the Philippines. One of the priorities of the WorkingGroup is to harmonize and strengthen capacity building programs forlocal governments.We hope that this publication - The Tasks and Responsibilities of LocalGovernment Officials - prepared as part of a wider orientation programfor newly elected officials, will serve as an integral part of your LocalGovernment’s foundation for governance and as a valuablereference tool throughout your term.On behalf of the members of the Working Group, we commend theLocal Government Academy (LGA) for this publication and thank allthose who made this collaborative effort possible.Philippine Development ForumWorking Group on Decentralization and Local GovernmentAustere A. PanaderoLead ConvenorMukami KariukiCo-convenorNote: the contents of this manual are the responsibility of the Local Government Academy, and should not beattributed in any manner to the individual member institutions of the Philippine Development Forum.6

Message from the DirectorToday, local authorities are expected to govern withadministrative simplicity and efficiency, and to genuinelyassume a lead role towards the realization of a desirablelevel of socio-economic development and environmentalhealth.This publication entitled, Tasks and Responsibilities Checklist, A SimpleReference Guide to Action, is a supplementary material in support ofefforts aimed at building the long-term foundation of a localgovernment system which values the quality of its human capital,which genuinely enables its business environment and which jealouslyprotects the integrity of its natural resource endowment.ROLANDO M. ACOSTA, CESO IIDirector, BLGS7

Table of Contentsi. Forewordii.NotesI. Settling in the First 100 Days in Office, 8II. Gearing Up for the Continuing Tasks, 17o Local Administrative Governance, 17o Local Social Governance, 44o Local Economic Governance, 58o Local Environmental Governance, 62III. Officer-in-Charge Municipal Mayor, 668

1 SETTLING IN THE FIRST 100 DAYSUpon Assumption to OfficeThe Municipal Mayor shall:! Subscribe to an Oath or Affirmation of Officetogether with other elective and appointivemunicipal officials and employees [Section 92(a), LGC]! File a sworn Statement of Assets and Liabilitiesand Networth, lists of relatives within the fourthdegree of consanguinity or affinity in governmentservice, financial and business interests andpersonnel data sheets [Section 91 (a), LGC]General Administrative Concerns! Exercise general supervision and control over all programs,projects, services and activities of the MunicipalGovernment [Section 444 (b) (1), LGC]! Present the program of government and propose policiesand projects for the consideration of the SangguniangBayan [Section 444 (b) (1) (iii), LGC]! Call upon any national official or employee stationed in orassigned to the municipality to advise him on mattersaffecting the municipality and to make recommendationsthereon [Section 444 (b)( (xvi), LGC]9

Organization of Committees,Boards and CouncilsThe Municipal Mayor is to organize (if none is still in place),or to re-organize (if already in existence) the following bodies:! Municipal Development Council [Section 106, LGC]! Municipal Bids and Awards Committee [ RA 9184]! Municipal School Board [Section 98, LGC]! Municipal Health Board [Section 102, LGC]! Municipal Peace and Order Council [Section 116, LGC; EONo. 309, s. 1988, as amended]! Municipal Disaster and Coordinating Council[PD No. 1566, s. 1978]! Municipal Board of Assessment Appeals [Section 227, LGC]! Municipal Finance Committee [Section 316, LGC]! Municipal Fisheries and Aquatic Resources ManagementCouncil [DILG MC No. 99-142, s. 1999]! Municipal People’s Law Enforcement Board [Article 187,IRR, LGC; DILG MC No. 06-59, s. 2006]! Municipal Ecological Solid Waste Management Board [RANo. 9003; DILG MC No. 01-19, s. 2001;DILG MC No. 01-38, s. 2001]! Municipal Council for Women[DILG MC No. 01-163, s. 2001]! Municipal Tourism Council [MC No. 95-162, s. 1995]! Municipal Council for the Protection of Children [DILG MCNo. 02-121, s. 2002]10

! Municipal Price Coordinating Council [DILG MC No. 05-130, s. 2005; DILG MC No. 04-75, s. 2004; DILG MC No. 98-81,s. 1998]! Municipal Small and Medium Enterprise DevelopmentCouncil [DILG MC No. 02-107, s. 2002]! Municipal Council for the Culture and the Arts[DILG MC No. 02-81, s. 2002]! Municipal Anti-Drug Abuse Council[DILG MC No. 01-90, s. 2001]! Municipal Physical Fitness and Sports Development Council[DILG MC No. 96-97, s. 1996; EO No. 63; EO No. 64]! Municipal Public Safety and Emergency Office[DILG MC No. 06-20, s. 2006]Formulation of the Executiveand Legislative Agenda! Cause the formulation of a term-based Executive andLegislative Agenda (ELA) [DILG MC No. 04-64, s. 2004]oOrganize a team that will take the lead infacilitating multi-stakeholder consultations, and inpreparing the ELANOTES:- Involve the civil society and the business community inthe formulation of the ELA [DILG MC No. 02-91, s. 2002]- Avail of technical support from the DILG Regional orProvincial Coaching Teams in the preparation of the ELA11

ooCause the provision of funds for the formulationand implementation of the ELAUtilize in the formulation of ELA, as referencedocuments, the following:" Local Governance Performance ManagementSystem’s State of Local Governance Report" Comprehensive Development Plan" Comprehensive Land Use Plan" Local Poverty Reduction Action Plan" ELA Manual and Facilitators’ Guide" Annual Investment PlanAt - A - GlanceThe ELA is structured as follows:- Governance – financial accountability;transparency; citizen participation; equity; andlocal legislation;- Administration – development planning; revenuegeneration; revenue allocation and utilization;human resource management and development;and customer services;- Social Services – health and nutrition; education;housing and basic utilities; and peace, security anddisaster preparedness;- Economic Development – agriculture and fisheriesdevelopment; and business, enterprise and industrypromotion; and- Environmental management – natural resourcesmanagement; and waste management andpollution control.12

Preparation of Plans and Budget! Cause the formulation or the updating of theComprehensive Land Use Plan (CLUP) and strictly enforcethe zoning ordinance to ensure efficient allocation,utilization, management and development of themunicipality’s land [DILG MC No. 04-133, s. 2004]NOTE:In the formulation of the CLUP, the Municipal Mayormay seek assistance from the HLURB or may directlycontract the services of private technical experts orconsultants, to ensure transparency and to fast trackthe updating of the CLUP [DILG MC No. 01-76, s. 2001]AT-A-GLANCECharacteristics of a QualityComprehensive Land Use Plan" Participatory in its formulation" Defines land utilization based on best use" Consistent with the Physical Framework Plan" Financing scheme is an integral componentof the plan" Monitoring and evaluation is an integralcomponent of the plan13

AT-A-GLANCECharacteristics of a QualityMunicipal Development Plan" Participatory in its formulation" Sets socio-economic development thrusts toachieve the vision of the local government" Supportive of overall provincial, regionaland national development thrusts" Development targets and strategies areclearly stated" Financing scheme is an integral componentof the plan" Monitoring and evaluation is an integralcomponent of the plan! Cause the formulation of the Municipal Development Plan[Section 444 (b) (1) (ii), LGC]! Cause the formulation of the Annual Investment Programand the Municipal Development Investment Program[DBM, DOF, DILG, NEDA Joint Memorandum Circular No. 1s. 2007]! Cause the establishment of a local revenue managementinformation system [DILG MC No. 98-51, s. 1998]! Cause the preparation of the executive budget for theensuing fiscal year and its submission to the SangguniangBayan not later than the 16 th day of October of the currentfiscal year [Section 318, LGC]14

REMINDERS:! Direct the Municipal Accountant and barangayofficials on the submission of the Monthly FinancialStatements to the Sangguniang Bayan 30 days afterthe close of each month and the Year-End Statementof Accounts 60 days after December 31! Direct the Municipal Accountant and theBarangay Treasurer to submit monthly accounts to theMunicipal Auditor [DILG MC No. 96-161, s. 1996]15

AT-A-GLANCEPOINTERS IN THE PREPARATION OF THE EXECUTIVE BUDGET" Total Appropriations - shall not exceed the estimates ofincome [Section 324 (a), LGC]" Full Provision - shall be made for all statutory andcontractual obligations of the municipality [Section 324(b), LGC]" Debt Servicing - shall not exceed 20% of the regularincome of the municipality [Section 324 (b), LGC]" Aid to Component Barangays - shall not be less than OneThousand Pesos (PhP 1,000.00) per barangay [Section 324(c), LGC]" Calamity Fund – shall be 5% of the estimated revenue fromregular sources [Sec 324 (d), LGC; RA 8185]" Development Fund - at least 20% of the annual IRA shall beappropriated for development projects [Section 287, LGC;EO No. 189 s. 1999; DILG; and DBM JMC No. 1, s. 2005]" Personal Services - shall not exceed 45% for 1 st – 3 rd class,and 55% 4 th to 6 th class municipalities [Sec 325 (a), LGC]" Intelligence or Confidential Undertakings - shall notexceed 30% of the total annual amount allocated forpeace and order efforts or 3% of the annualappropriations, whichever is lower [DILG MC No. 99-65, s.1999, as amended]" Discretionary Purposes - shall not exceed 2% of the actualreceipts derived from basic real property tax in the nextpreceding calendar year [Sec 325 (h), LGC]" 1% of the Internal Revenue Allotment of the municipalgovernment shall be allocated for the strengthening of theLocal Council for the protection of children [RA 9344, April23, 2006, Juvenile Justice and Welfare Act]16

Personnel Actions! Ensure that all personnel actions are in accordance with thecivil service law, rules and regulations [Section 77, LGC]! Appoint all officials and employees whose salaries andwages are wholly or mainly paid out of the municipal fundsand whose appointments are not otherwise provided for inthe Local Government Code, as well as those the MunicipalMayor may be authorized by law to appoint [Section 444(b) (1) (v), LGC! The power of the Mayor to appoint officials and employeesdoes not include those officials and employees of theSangguniang Bayan. This also includes the appointment ofthe Local Treasurer.# NOTES:$ Determine, according to law or ordinance, the time,manner and place of payment of salaries or wages ofthe officials and employees [Section 444 (b) (1) (viii),LGC]$ Allocate and assign office space to officials andemployees [Section 444 (b) (1) (ix), LGC]17

2GEARING UP FOR THECONTINUING TASKSLOCAL ADMINISTRATIVE GOVERNANCE! Enforce all laws and ordinances relative to thegovernance of the municipality and, in the exercise of itscorporate powers, implement all approved policies,programs, projects, services and activities of themunicipality [Section 444 (b) (2), LGC]! Call conventions, conferences, seminars or meetings ofany elective and appointive official of the municipality,including provincial and national officials and employeesstationed in or assigned in the municipality, whenevernecessary [Section 444 (b) (2) (ii), LGC]! Provide appropriate authorities with copies of executiveorders, within seventy-two hours after their issuance[Section 444 (b) (1) (xii), LGC]! Cause the municipality to be defended against all suits toensure that its interests, resources and rights shall beadequately protected [Section 444 (b) (3) (ix), LGC]! Apply and secure written permission from properauthorities before going on official travel outside of themunicipality [Section 96, LGC]18

On Barangay Supervision! Exercise general supervision over barangays[Section 32, LGC]! Visit component barangays at least once every six monthsto deepen understanding of problems and conditions, tolisten and give appropriate counsel to local officials andinhabitants and to inform the component barangaysofficials and inhabitants of general laws and ordinances[Section 444 (b) (1) (xiii), LGC]! Ensure that the acts of the component barangays and ofits officials and employees are within the scope of theirprescribed powers, functions, duties and responsibilities[Section 444 (b) (2) (i), LGC]! Cause the maintenance and updating of records of allinhabitants of the barangay [DILG MC No. 06-134, s. 2006;DILG MC No. 05-69, s. 2005]Local LegislationOn Ordinances in Support of Social Development! Cause the enactment and enforcement of ordinances, ifnone has been passed thus far, in support of the following:o elimination, prevention or control of humantrafficking [DILG MC 05-26, s. 2005; DILG MC No. 06-172, s. 2006]o promotion of food safety [DILG MC No. 99-194, s.1999]19

o disaster management [DILG MC No. 98-94, s. 1998]o intent and provisions of RA 8050, otherwise knownas the Revised Optometry Law of 1995 [DILG MCNo. 04-148, s. 2004]o HIV/AIDS prevention and control efforts [DILG MCNo. 99-233, s. 1999]o prohibition on the selling of cigarettes and othertobacco products to persons below 18 years ofage [DILG MC No. 02-71, s. 2002]o regulation of smoking in public places inaccordance with the provisions of RA 9211,otherwise known as the Tobacco Regulatory Act of2003 [DILG MC No. 04-85, s. 2004; DILG MC No. 02-27, s. 2002]o campaign against commercial and sexualexploitation of children [DILG MC No. 99-164, s.1999]On Ordinances in Support of Economic Development! Cause the codification of revenue ordinances with theaim of improving local revenue administration [DILG MCNo. 98-51, s. 1998]! Cause the enactment and enforcement of ordinances, ifnone has been passed thus far, in support of the following:o Philippine Agricultural Engineering Act of 1998 [DILGMC No. 01-25, s. 2001]o registration of fishing vessels 3 gross tonnage andbelow and imposing penalties for non-registrationof the same [EO No. 305 s. 2004]20

! Cause the enactment or amendment of a tricyclefranchise and regulatory ordinance in consideration of thefollowing:o Physical Requirements – no tricycle shall be issued afranchise unless applicable physical requirementsare complied with and certified by duly authorizedauthority;o Fares – should be established at a level thatprovide the operator a reasonable return of profit,and affordable to the general public;o Load or Capacity Limit – no tricycle should beallowed to carry more passengers and goods thanwhat it is designed for;o For safety reasons, no tricycle should operate onnational highways;o Zones must be established within the municipality;ando A common color may be imposed on tricyclesoperating in the same zone [DILG MC No. 07-01, s.2007]21

AT-A-GLANCEPhysical Requirements for Tricycles" Clean windshield" Garbage receptacle" Functional horn that does not emit exceptionally loudor startling sound" Functional two signal lights, front and back for turningright or left or for emergency purposes" Functional tail light, including license plate light" Top chain extending to the rear wheel" Functional white head light in front and functional redtail light at the rear, visible at least 50 meters from thefront and rear of the tricycle and functioning under allweather conditions" Functional light installed inside the sidecar and keptlighted while plying a designated route Functionalanti-noise equipment" Sticker containing the body number of the vehicleand placed prominently and identifiable from adistance" Fully-operational mufflers" Roadworthiness of the tricycle unitOn Ordinances in Support of Environmental Management! Cause the formulation, or updating, and enforcement of aMunicipal Environmental Code [DILG MC No.97-267, s. 1997]22

! Cause the enactment and enforcement of ordinances, ifnone has been passed thus far, in support of the following:o prohibition on the use of compressor as breathingapparatus of all fishing activities [DILG MC No. 02-129, s. 2002]o protection and promotion of animal welfare[DILG MC No. 00-91, s. 2000 and RA No. 8485]o implementation of a Comprehensive Solid WasteManagement System highlighting wastesegregation and storage, waste processing andresource recovery, collection, transportation, anddisposal of solid waste [DILG MC No. 98-119, s.1998]o prescription of safety measures in all gasolinestations [DILG MC No. 06-66, s. 2006]TransparencyCarry out an Open-Door-Policy type of governance to bringthe government closer to the people by way of:! Designating a Citizens’ Desk at the lobby of the municipalhall, properly identified and completely manned at leasteight hours a day to provide information and other formsof assistance;! Causing the establishment of a performance billboard orsemi-permanent bulletin board containing informationsuch as duties and functions of municipal offices,programs and services, and regular LGU reports, amongothers; and23

! Conducting regular informative tour for the youth tomunicipal offices to familiarize them on the workings ofthe municipal government [DILG MC No. 96-45, s. 1996, asamended]Participation! Call upon any national official or employee stationed in orassigned to the municipality to advise him on mattersaffecting the municipality and to make recommendationsthereon [Section 444 (b) (1) (xvi), LGC]! Cause the establishment of cooperative undertakingswith other local government units [Section 33, LGC]On People’s and Non-Governmental Organizations! Promote the establishment and operation of people’sand non-governmental organizations to become activepartners in the pursuit of local autonomy [Section 34, LGC]! Enter into joint ventures and other cooperativearrangements with people’s and non-governmentalorganizations to engage in the delivery of certain basicservices, capability-building and livelihood projects in themunicipality [Section 35, LGC]! Cause the provision of assistance, financial or otherwise,to accredited municipal-based people’s and nongovernmentalorganizations for economic, sociallyoriented,environmental, or cultural projects to beimplemented in the municipality [Section 36, LGC]24

! Ensure the participation of NGOs and the community inthe planning and implementation of programs, projectsand activities for the eradication of illiteracy [DILG MC No.00-120, s. 2000]! Enforce the guidelines in the accreditation andmembership of POs and NGOs in the MunicipalDevelopment Council, Municipal School Board, MunicipalHealth Board, Municipal Peace and Order Council andMunicipal Bids and Awards Committee [DILG MC No. 01-89, s. 2001]! Strengthen citizens’ support and participation in Peaceand Order programs, projects and activities [DILG MC No.02-162, s. 2002]! Enhance involvement of all religious, civil and other nongovernmentorganizations in the Anti-Crime Campaign tocomplement peace and order efforts [DILG MC No. 02-162,s. 2002]On Indigenous Cultural Communities! Uphold and ensure the free exercise of the rights of theIndigenous and Cultural Communities, or the IndigenousPeople , if any, in the municipality [DILG MC No. 02-89, s.2002; R.A. No. 8371]! Cause the integration of Indigenous People’s rights andrelated concerns within the framework of gender anddevelopment [DILG MC No. 05-34, s. 2005]25

Development PlanningOn the Annual Report! Cause the preparation of an Annual Report containing asummary of all matters pertinent to governance,administration, social services, economic developmentand environmental management including supplementalreports when unexpected events and situations arise atany time during the year [Section 444 (b) (1) (xx), LGC; DILGMC No. 04-64, s. 2004]! Cause the submission of an annual report to theSangguniang Bayan, on or before March 31 of each year,on the socio-economic, political and peace and orderconditions, and other matters affecting the municipality[Section 97, LGC; DILG MC No. 07-24, s. 2007]! See to it that the Annual Report, also referred to as Stateof Local Governance Report, is optimally utilized as aprincipal source document in the formulation andimplementation of programs or projects, or administrativereforms which are within the competence and authority oflocal authorities to undertake, in support of good localgovernance and meaningful development [DILG MC No.07-24, s. 2007]! Ensure the full implementation of the Local GovernancePerformance Management System (LGPMS) and cause thepreparation of the State of Local Governance Report,utilizing LGPMS results [DILG MC No. 04-141, s. 2004]26

On the Municipal Development Plan! Ensure the full implementation of the MunicipalDevelopment Plan [Section 444 (b) (1) (ii), LGC]REMINDER:Support the institutionalization of integrated ruralaccessibility planning procedure in local planning [DILGMC No. 01-8, s. 20015]! Incorporate development projects on culture and arts inthe short and long-term municipal development plans[DILG MC No. 95-117, s. 1995]! Ensure that appropriate access, improvementinterventions based on IRAP analysis, findings, andrecommendations are integrated in the MunicipalDevelopment Plan, particularly in the Annual InvestmentPlan [DILG MC No. 02-06, s. 2002]On the Comprehensive Land Use Plan! Implement guidelines prescribing time periods on theadoption, review and approval of the CLUP or ZoningOrdinance [DILG MC No. 02-30, s. 2002]27

REMINDERS:If the CLUP was not acted upon by the SangguniangBayan within the prescribed three-month period:! Issue a corresponding certification that the CLUP wasnot acted upon by the Sangguniang Bayan; and! Submit to DILG Central Office, through the DILGRegional Office, the CLUP together with suchcertification on the inaction by the SangguniangBayan [DILG MC No. 00-145, s. 2000; DILG MC No. 00-59, s. 2000]On Information Management! Cause the establishment of a municipal archival system[Section 374, LGC]AT-A-GLANCECharacteristics of a GoodMunicipal Archival System" Presence of both quantitative and qualitative information" Presence of complete and updated information" Presence of sex and age-disaggregated data" Information is easy to retrieve and available to users uponrequest" Data is accessible through electronic means28

Revenue Generation! Ensure that all taxes and other revenues are collected inaccordance with law or ordinance [Section 444 (b) (3) (iii),LGC; DILG MC No. 99-111, s. 1999]! Cause the generation of resources and revenues for theimplementation of development plans, programobjectives and priorities [Section 444 (b) (3), LGC]REMINDER:Strictly implement withholding tax laws and regulations,and advise all officers in-charge concerned of withholdingtaxes that failure to comply with the said requirements issubject to administrative and penal liabilities [DILG MCNo. 95-164, s. 1995; DILG MC No. 99-151, s. 1999; RevenueMemo Orders 14-98 and 70-98]! Impose terminal, parking and other similar fees and issueregulations on routing of private utility vehicles in strictconformity with the approved route mandated by theLTFRB [DILG MC No. 02-17, s. 2002]! Upgrade and modernize tax information and collectionservices through the use of computer hardware andsoftware, and other means [Section 17 (B) 3-x, LGC]29

AT-A-GLANCEWays to Enhance Tax Enforcementand Collection Efforts" Provide the Bureau of Internal Revenue (BIR) with analphabetical list of taxpayers" Require the presentation of proper documents prior tothe renewal of business permit" Provide the Revenue District Office (RDO) with the list ofcontractors who are engaged in government contractsand the list of professionals who are issued withprofession or occupation tax" Include the TIN in all application for governmentpermits, CTC and other official papers and documents" Ensure the withholding of correct taxes and remit thesame to competent bodies" Submit updates on the current and fair market value ofa property" Assist in the dissemination of tax reminders, promotionof BIR programs and other reminders or campaigns onthe issuance of official receipts for every purchasemade by the taxpayers" Submit requirements useful in the computation ofcertificates to BIR" Assist RDO in locating unregistered taxpayers anddelinquent taxpayers" Allowing the BIR authorized personnel access toassessment, collection and remittance of records,subject to pertinent provisions applicable to laws, rulesand regulations [DILG MC No. 01-33, s. 2001]30

Resource Allocation and Utilization! Cause the preparation and submission of an executivebudget for the ensuing year to the Sangguniang Bayannot later than the 16 th day of October of the current fiscalyear [Section 318, LGC]% NOTE:Require each head of office or department to prepare andsubmit an estimate of appropriations for the ensuing yearon or before the 15 th of July [Section 444 (b) (3) (i), LGC]! Cause the provision of funds for the implementation ofthe Executive and Legislative Agenda [DILG MC No. 04-64,s. 2004]! Prioritize funding or resource allocation to devolvedprojects, services and facilities particularly those thataffect health, agriculture, social welfare andenvironmental concerns [DILG MC No. 95-14, s. 1995]! Ensure that appropriations for social welfare services areoptimally utilized and supportive of the povertyalleviation thrust of the government [DILG MC No. 02-19,s. 2002]! Cause the preparation of an annual procurementprogram for the ensuing fiscal year [Section 373, LGC]31

! Appropriate funds for the operational and logisticalsupport to the Peace and Order Program of PNP units inthe municipality [EO No. 546 s. 2006]! Appropriate funds for Rights-Based Approach programs[DILG MC No. 05-138, s. 2005]! Ensure that revenues of the municipality are spent inaccordance with law or ordinance [Section 444 (b) (3) (iii),LGC]AT-A-GLANCEEnsure that the Executive Budget is of quality, ascharacterized by the following elements:" Participatory in its formulation" Responsive to the budgetary requirements of theprovincial government plans" Satisfies statutory and mandatory obligations" Total appropriations covering the operatingexpenditures and capital outlays do not exceedthe estimated" Approved within the prescribed period32

GUIDELINES IN THE UTILIZATIONOF THE 20% DEVELOPMENT FUNDEnsure that the 20% of the Internal Revenue Allotmentis optimally utilized for development projects, such asthe following:Social Developmento Establishment or rehabilitation of ProductivityEnhancement Center for out-of-school youths,women, minors, displaced families, indigenouspeople, differently-abled persons and older personso Establishment or rehabilitation of health centers, ruralhealth unit or hospital, and purchase of medicalequipmento Construction or rehabilitation of a local governmentownedpotable water supply systemo Installation of street lighting systemo Preservation of cultural/historical siteso Other programs or projects of similar natureEconomic Developmento Implementation of a livelihood/ entrepreneurshipdevelopment program or projecto Construction/rehabilitation of a communal irrigationor water impounding system and purchase of postharvest facilities such as farm or hand tractor withtrailer, thresher, mechanical drier and the likeo Construction/rehabilitation of farm-to-market roads,local roads or bridgeso Other programs or projects of similar nature33

Environmental Managemento Construction/rehabilitation of sanitary landfill orcontrolled dumpsite and purchase of a garbagetruck or related equipmento Community reforestation or urban greening projectso Flood control programs or projects such as decloggingof canals or de-silting of riverso Other environmental management programs orprojects that promote air and water quality, as wellas productivity of coastal or freshwater habitat,agricultural land and forest land [Section 287, LGC;EO No. 189 s. 1999; DILG and DBM JMC No. 1 s. 2005]Financial Accountability! Cause the provision of efficient and effective property andsupply management, and protect the funds, credits, rightsand other properties of the municipality [Section 444 (b) (3)(viii), LGC]REMINDERS:! Exert all efforts to determine that the privatecontracting party is free and clear of all tax liabilities tothe government, before entering into a contract! Furnish the BIR regularly with the names of privatecontracting parties that the municipality has contractedwith, as well as the amount of payments made to theseprivate contracting parties [Section 4, EO No. 398 s.2005]34

! Represent the municipality in all its business transactionsand sign on its behalf all bonds, contracts, andobligations, and other documents , upon authority of theSangguniang Bayan or pursuant to law or ordinance[Section 444 (b) (1) (vi), LGC]NOTE:! Direct all out-going Punong Require all out-goingBarangays, as the primary barangay officials toaccountable officers for all secure propertygovernment propertyclearance from theassigned or issued to his office Barangay Treasurer(Section 375, (a), LGC), toconduct property, financial, and records inventories, andturn over the same to the incoming Punong Barangay onor before his assumption to office [DILG MC No. 02-122, s.2002]! Cause the appointment of a bookkeeper for every 15barangays subject to the approval of the SangguniangBayan and availability of funds[DILG MC No. 96-161, s. 1996]35

AT-A-GLANCEEnsure compliance of the Municipal Governmentand component barangays concerning financialtransactions, by way of:" Directing the Municipal Accountant and barangayofficials on the submission of the Monthly FinancialStatements to the Sangguniang Bayan 30 days after theclose of each month and the Year-End Statement ofAccounts 60 days after December 31" Directing the Municipal Accountant and the BarangayTreasurer to submit monthly accounts to the MunicipalAuditor" Directing the conduct of annual physical inventory toall barangays every year-end and the submission ofreports to the Municipal Auditor" Directing the submission of Monthly Bank ReconciliationStatement by the Municipal Accountant on BarangayDepository Account to the Municipal Auditor forverification and review" Directing the posting of itemized revenues andexpenditures by the Punong Barangays or the BarangayTreasurers within thirty (30) days after the end of eachyear in at least three (3) conspicuous places in thebarangay [DILG MC No. 96-161, s. 1996]36

Customer Service! Cause the implementation of the Anti Red-Tape Programfor Local Governments, now called Simplification of CivilApplication Systems, focusing on the Simplification ofInternal Regulatory Systems, by:o Simplifying and rationalizing local rules andprocedure concerning the processing of business,permits, building permits, certificates of occupancyand such other application areas as civil registryand real property documents;o Working for the eventual computerization ofinternal regulatory systems, as in the case ofmanual-based rules and procedure;o Displaying step-by-step application procedure inthe form of flowcharts in publicly accessible andconspicuous places within the municipal hallpremises; ando Developing primers or flyers on the simplified rulesand procedure, for distribution to the generalpublic [DILG MC No. 01-120, s. 2001; DILG MC No.04-50, s. 2004 and DILG MC No. 04-65, s. 2004]! Cause the organization of One-Stop-Shop or One-StopProcessing Center [DILG MC No. 01-120, s. 2001]! Cause the operation of the One-Stop Shop beyond theusual office hours to extend up to 9:00 in the evening, asmay be necessary, within the months of January throughMarch [DILG MC No. 03-10, s. 2003]37

AT-A-GLANCEONE-STOP SHOPS SHOULD BE ABLE TO:1. Facilitate the processing and issuance of business permits,building permits, certificates of occupancy and civil registryand real property documents;2. Act on problems relative to the delivery of basic servicesor to refer such problems to competent local authoritiesfor resolution;3. Maintain a record of permits and other documents actedupon; and4. Recommend measures to the Municipal Mayor improvingthe workings of the One-Stop Shop.! Cause the installation of Customer Complaint Desk [DILGMC No. 01-120, s. 2001]AT-A-GLANCETHE CUSTOMER COMPLAINT DESK SHOULD:1. Act on red-tape related queries or complaints that arewithin its authority and competence to address;2. Refer to the Municipal Mayor all red-tape relatedcomplaints against any local government personnel, forappropriate action;3. Maintain a database on queries or complaints and actionstaken;4. Provide a regular update to the Municipal Mayor oncustomer feedback relative to the implementation of theinternal regulatory system and One-Stop Shop.38

On the Issuance of a Business Permit! Require the submission of certificate of SSS coverage priorto issuance of any annual business license or permit [MCNo. 00-164, S. 2000; Section 24 (g), Social Security Act of1997]! Require any person who intends to engage in theimportation, exportation, production, reproduction,exhibition, showing, sale, lease or disposition of videogram to secure license from the Videogram RegulatoryBoard prior to the issuance of business permit [DILG MCNo. 03-17 ,s.2003]REMINDER FOR MUNICIPAL MAYORS INTHE NATIONAL CAPITAL REGIONRequire business establishments to present a Certificate ofEmployer Registration (COER) for newly-registeredemployers or contractors, or a Certificate of PAG-IBIGActive Membership (CPAM) for actively paying andremitting employers or contractors issued by the PAG-IBIGFund, prior to the issuance or renewal of a business permit[DILG MC No. 04-29, s. 2004]! Extend preferential treatment to seaweed farmingcooperatives in the granting of permits and licenses tooperate within municipal waters [DILG MC No. 98-68, s.1998]39

WARNING!Refrain from issuing a business permit or license to any pestcontrol operator, pesticide dealer or distributor, as well asindividuals or entities who would like to engage in similarbusiness enterprise, unless duly registered with the Fertilizerand Pesticide Authority, or covered by a numberedprovisional permit issued by the said Authority [DILG MCNo. 95-147, s. 1995]On the Issuance of a Building Permit! Require owners of illegally constructed houses, buildings orother structures to obtain the necessary permits, or tomake the necessary changes in the construction of thesame when said construction violates any law orordinance, or to order the demolition or removal of saidhouse, building or structure within the period prescribedby law or ordinance [Section 444 (b) (3) (vi), LGC]! Require contractors for a development permit issued bythe HLURB, prior to the issuance of building permits forcondominium projects [EO No. 71 s. 93; DILG MC No. 97-106, s. 1997]NOTE:Direct the Municipal Engineer to issue a building permit onlyto a hospital project with a Permit to Construct Certificateissued by the DOH [DILG MC No. 96-26, s. 1996]40

! Expedite the issuance of locational clearance forproposed ecozones, provided that the application forsuch clearance is consistent with the approved Land UsePlan and Zoning Ordinance [DILG MC No. 97-220, s. 1997]! Enforce a 30-day time standard prescribed under EO No.258 for the issuance of a development permit for ahousing project, consistent with the CLUP and InvestmentProgram of the municipality [DILG MC No. 2000-136, s.2000]WARNING!For municipalities within the airport zones, refrain fromissuing building permits unless a permit is first secured fromthe Air Transportation Office [DILG MC No. 00-118, s. 2000]On the Issuance of Other Permits and Licenses! Cause the prompt issuance of a barangay clearance andmunicipal permit or license in accordance with the LGCode and its implementing rules and regulations [DILGMC No. 02-11, s. 2002]! Advance and promulgate measures for the adoption ofeffective registration procedures, including elimination offees for registration of births and foundlings [DILG MC No.02-186, s. 2002]41

AT-A-GLANCETimelines in the issuance of AcceptabilityEndorsements on programs and projects requiringEnvironmental Clearance Certificates" Consultation with NGOs, POs and other concernedsectors of the community – not more than 1 week uponhearing other merits of the project proposal from theproponent, and upon evaluation that such is supportiveof the development agenda of the municipality" Enactment of the requisite Sanggunian Resolution – notmore than 2 weeks upon receipt of the results of theconsultation accepting or endorsing the proposedproject" Preparation, approval and release of the endorsement– not more than 1 day upon receipt of the SangguniangBayan [DILG MC No. 03-58, s. 2003]Human Resource Management and Development! Cause the formulation and implementation of a MunicipalHuman Resource and Development Program [DILG MCNo. 96-17, s. 1996; PD No. 284]! See to it that all municipal officials and employeesfaithfully discharge their mandated duties and functions[Section 444 (b) (1) (x), LGC]42

AT-A-GLANCERelative to the effectiveness of the MunicipalHuman Resource Management and DevelopmentProgram, ensure that the following are in placeand operational, as appropriate:" Human Resource Planning" Recruitment and Selection" Performance Evaluation" Human Resource Development" Career Development" Incentives and Awards System" Grievance Committee! Act on leave applications of appointive officials andemployees and the commutation of the monetary valueof their leave credits [Section 444 (b) (1) ( xiv), LGC]! Authorize payment for medical care, necessarytransportation, subsistence, hospitalization or medical feesof officials and employees who are injured while in theperformance of their official duties and functions, subjectto the availability of funds [Section 444 (b) (1) (xvii), LGC]! Authorize official trips of officials and employees outside ofthe municipality for a period not exceeding 30 days[Section 444 (b) (1) (xv), LGC]! Review job descriptions of midwives, fill up all midwifepositions that were vacated and create and/or retain theitems of midwife in the plantilla [DILG MC No. 03-89, s.2003]43

REMINDERS REGARDING BARANGAYOFFICIALS AND PERSONNEL# Encourage them to enroll under the PhilHealthProgram during their tenure to be paid out ofbarangay funds [DILG MC No. 02-66, s. 2002]# Encourage them to register as members of Pag-IBIGFund [DILG MC No. 06-178, s. 2006]! Ensure that occupational health and safety, sanitationand environmental conditions in the workplace ofmunicipal government workers are made available andare adequately maintained by having annual mental orphysical check-up, clean and adequate comfort rooms,potable water, safe building or office facilities and safetymeasures against fire and other hazards[DILG MC No. 98-54, s. 98]# NOTE:The Municipal Mayor may:$ impose preventive suspension upon erring electivebarangay officials [Section 63 (a) (3), LGC]; and$ impose preventive suspension upon erring appointivemunicipal local officials and employees uponrecommendation of the Sangguniang Bayan as anincident of an administrative case filed before it.[Section 85, LGC]44

LOCAL SOCIAL GOVERNANCE! Cause the provision of social welfare services which includeprograms and projects on:o Child and youth welfare, family and communitywelfare, women’s welfare, welfare of the elderly, anddisabled personso Community-based rehabilitation programs forvagrants, beggars, street children, scavengers,juvenile delinquents, and victims of drug abuseo Livelihood and other pro-poor projects[Section 17, LGC]! Cause the provision of infrastructure facilities to serve theneeds of the residents of the municipality and which arefunded out of municipal funds including but not limited to:o School buildings and other facilities for publicelementary and secondary schoolso Artesian wells, spring development, rain watercollectors and water supply systemso Traffic signals and road signso Public cemeteryo Municipal buildings, cultural centers, public parksincluding freedom parks, playgrounds and sportsfacilities and equipment and other similar facilities[Section 17, LGC]! Solemnize marriages, any provision of the law to thecontrary notwithstanding [Section 444 (b) (1) (xviii), LGC]45

! Strictly enforce all laws and ordinances prohibiting theselling and publishing of obscene and pornographicmaterials, publications, pictures, literatures and othersimilar articles, including but not limited to the exhibitionor giving away of indecent, immoral or obscene plays,scenes, acts or shows, whether live or in film [DILG MCNo. 99-213, s. 1999; Article 201, Revised Penal Code]! Prohibit the featuring of events or scenes in all shows orcarnivals that degrade persons with disabilities [DILG MCNo. 98-74, s. 1998]! Cause the establishment of the Office for Senior CitizensAffairs [DILG MC No. 05-63, s. 2005]! Direct Punong Barangays and community leaders toactively support the campaign and advocacy for theelimination of child labor [DILG MC No. 98-81, s. 1998]SUGGESTED ACTIVITIES IN THE OBSERVANCE OF THE NATIONALCHILDREN’S MONTH& Conducting symposia, meetings or similar activitiesabout current issues and concerns of Filipino child;& Child-friendly activities such as parades, children’smarch, caravans, field trips, photo exhibits, art contests,kiddy fairs and the like; and& Sponsoring free mobile services such as medical, dental,food and nutrition services in favor of the less fortunatechildren and their families46

! Take the lead in the observance of the NationalChildren’s month [DILG MC No. 99-217, s. 1999]! Cause the conduct of free registration of all indigentchildren [DILG MC No. 06-86, s. 2006]! Implement the Early Childhood Care Development (ECCD)program by:o Supporting the organization of parentcooperatives to initiate the establishment of theECCD programo Ensuring that service providers of public ECCDprogram in the municipality are justlycompensated, that adequate funds are madeavailable, and their working conditions areconducive to fulfill national quality standardso Providing counterpart for training and continuingeducation of ECCD service providers, andsupporting the operations of municipal andbarangay ECCD coordinating committeeso Complying with the new set of standards in theaccreditation of center-based ECCD Programs andService Providers [DILG MC No. 06-91, s. 2006; DILGMC No. 01-02, s. 2001]47

Health and Nutrition! Cause the provision of basic health services whichinclude the implementation of programs and projects onthe following:o Primary health care, maternal and child care,communicable and non-communicable diseasecontrol serviceso Access to secondary and tertiary health serviceso Nutrition serviceso Family planning serviceso Clinics, health centers and other health facilitiesnecessary to carry-out health serviceso Purchase of medicines, medical supplies, andequipment [Section 17, LGC]! Implement measures to further improve the system ofdengue case management and services [DILG MC No. 05-86, s. 2005; DILG MC No. 05-74, s. 2005]! Support the Polio-Free Maintenance ImmunizationCampaign:o Direct the Municipal Health Office to oversee thevaccination activities in the municipality andcoordinate all efforts with the Department ofHealth Field Office;o Establish “patak centers” in the area and sendparamedical personnel to participate in the doorto-doorimmunization activities when necessary;and48

oDisseminate information on all sectors in themunicipality to have all children below five yearsold receive oral anti-polio vaccine either at theirhomes or at the nearest “patak center” in theircommunity [DILG MC No. 02-14, s. 2002]! Strictly enforce the provisions of the Code on Sanitationand other related laws and ordinances in order toprevent and obviate possible outbreak of water andfood-borne diseases and safeguard the health and safetyof the public particularly the students and personnel ofvarious schools [DILG MC No. 97-105, s. 1997, DILG MC NO.99-44, s. 1999; PD No. 856]! Support the implementation of the comprehensive andunified policy for tuberculosis control and tap or solicit theassistance of the private sector involved in health careservices to do the same [DILG MC No. 03-93, s. 2003]! Implement Youth Smoking Prevention Program, inpartnership with socio-civic organizations [DILG MC No.02-71, s. 2002; DILG MC No. 04-86, s. 2004]# NOTE:- See to it that Voluntary Blood Donation Services isintegrated in the Municipal Work and Financial Plansand include the same as an additional function of theMunicipal Health Board [DILG MC No. 99-133, s. 1999;DILG MC No. 99-66, s. 1999]- Ensure that government ambulances are not used forany purpose other than the transport of patients [DILGMC No. 00-114, s. 2000]49

! Coordinate with law enforcement concerned agencies intaking necessary steps to ensure the implementation of RA9211, otherwise known as the Tobacco Regulatory Act of2003 [DILG MC No. 04-86, s. 2004]Education! Coordinate and work closely with the Bureau of Non-Formal Education of the Department of Education, theDepartments of Budget and Management, Social WelfareDevelopment, and Interior and Local Government, andother government agencies and non-governmentorganizations in the municipality in the development andimplementation of literacy and non-formal education[DILG MC No. 00-120, s. 2000]! Provide the necessary school site requirement of at leastone-half hectare land area, as may be necessary [DILGMC No. 01-167, s. 2001]Housing and Basic Utilities! Provide technical, financial and other possible forms ofsupport or assistance to Punong Barangays within themunicipality to ensure that the problem of squatting isproperly addressed [MC No. 98-202]! Cause the submission of an updated report on landsidentified for socialized housing and resettlement areas[DILG MC No. 01-21, s. 2001]50

! Cause the maintenance of the operational autonomy ofmunicipal water districts [DILG MC No. 05-21, s. 2005]Peace, Security and Disaster Risk Management! Cause the formulation or updating of the Peace andOrder Annual Action Plan and implement the same forthe preservation and maintenance of peace and order inthe municipality [Section 444 (b) (2) (v), LGC; DILG MCNo. 97-14, s. 19972]! Cause the provision of sites for police and fire stations andsubstations and municipal jail [Section 17, LGC]! Ensure the efficient and effective administration ofKatarungang Pambarangay [Section 421, LGC]! Strictly implement an Integrated Area Community Peaceand Order and Public Safety Plan (IACPOPSP). In theabsence of an IACPOPSP, formulate one and strictlyimplement the same [DILG MC No. 02-162, s. 2002]51

AT-A-GLANCEAn Integrated Area Community Peace and Order andPublic Safety Plan is of quality if characterized by thefollowing elements:" Participatory in its formulation" Objectives, whether general or specific, clearly addresspeace and order and public safety" Key activities to achieve such objectives are logical" Timelines are provided for each key activity" Responsibilities are clearly delineated relative to theimplementation of key activities" Financing scheme is an integral component of the plan" Monitoring and evaluation is an integral component ofthe planOn the Welfare of Women and Children! Take the lead in the implementation of programs forchildren through the Local Council for the Protection ofChildren and the Lupong Tagapamayapa [DILG MC 05-95,s. 2005; DILG MC No. 02-121, s. 2002]! Develop and implement programs and services for thechildren in conflict with the law (CICL) and provide fundsthereof [DILG MC No. 06-104, s. 2006]52

AT-A-GLANCEStrengthen efforts against the following:" sexual harassment [Republic Act No. 7877 ; DILG MCNo. 01-37, s. 2001]" violence against women and children [RA 9262; DILGMC No. 04-118, s. 2004]" human trafficking [DILG MC No. 05-26, s. 2005; DILGMC No. 06-172, s. 2006]On Actions against Illegal Gambling! Adopt a concrete Action Plan against illegal gambling,particularly jueteng, in the municipality [DILG MC No. 02-105, s. 2002]! Exert efforts to dispel the public perception that illegalgambling thrives because local and police officials eithertolerate or connive with gambling lords, by beingunrelenting in the campaign against jueteng and otherforms of illegal gambling [DILG MC No. 02-105, s. 2005;DILG MC No. 01-161, s. 2001]On Actions against Illegal Drugs! Strengthen the Municipal Anti-Drug Abuse Council whichshall be responsible for advocacy and informationcampaign against illegal drugs;! Ensure that pushers and users are brought to justice; and53

! Provide for a mechanism to obtain funds, volunteers,facilities and technical expertise [PresidentialMemorandum dated 01 August 2000; DILG MC No. 01-90,s. 2001; DILG MC No. 00-98, s. 2000; DILG MC No. 98-227, s.1998; DILG MC No. 97-35, s. 1997]! Organize a Municipal Special Drug Education Center Teamto establish and operate a Special Drug Education Centerfor out-of-school youth (OSY) and street children [DILG MCNo. 06-150, s. 2006]On Actions against Insurgency and Terrorist Threats! Coordinate closely with the Armed Forces of thePhilippines (AFP) and the Philippine National Police (PNP)in the enforcement of security measures to counter terroristthreats and other forms of lawless violence [DILG MC No.03-80, s. 2003]! Support internal security operations against insurgency andother serious threats to national security:o Deputize barangay tanods as force multipliers in theimplementation of peace and order plan in themunicipalityo Include in the Integrated Area Community Peaceand Order and Public Safety Plan (IACPOPSP) of themunicipality a priority program of action or thrusts inresolving the insurgency and other serious threats tonational security [EO No. 546 s. 2006]54

! Ensure that public safety, and peace and order during anypublic assembly or rally in a designated freedom park[DILG MC No. 06-42, s. 2006; DILG MC No. 06-79, s. 2006]On Disaster Preparedness! Prepare for the occurrence of natural events by:o Establishing support mechanism composed of nongovernmentalorganizations, volunteer groups/emergency responders, and communityorganizations;o Formulating a preparedness plan to include routes,protocols and Standard Operating Procedure forevacuation;o Ensuring the functionality of Local DisasterCoordinating Council and presence of an earlywarning system;o Identifying areas for evacuation centers andpossible resettlement areas for affected people; ando Undertaking damage and needs assessment, andtaking decisive and immediate action on areas thatdemand action. [DILG MC No. 06-20, s. 1996]! Cause the submission of an updated Municipal DisasterManagement Plan to the National Disaster CoordinatingCouncil (NDCC) not later than every first (1 st ) quarter of55

every year [DILG MC No. 98-94, s. 1998]AT-A-GLANCEMust-Items in the MunicipalDisaster Preparedness Plan" warning and communication systems" early evacuation from high-risk areas" rescue and emergency operations" distribution of relief goods and services" reporting of situations and actions taken" post-calamity clean-up" medical assistance" rehabilitation of agricultural andlivelihood programs" housing assistance" burial service" loan assistance [MC No. 98-94]! In coordination with the Philippine Atmospheric,Geophysical and Astronomical Services (PAGASA), takethe lead in carrying out emergency measures during andin the aftermath of man-made and natural disasters andcalamities [Section 444 (b) (1) ( vii), LGC]Public Safety Concerns! Strictly enforce the applicable provisions of the NationalBuilding Code and Fire Code, and see to it that no56

advertising billboard, signage or display media shall beconstructed in the municipality that:o Endangers the safety of a person or property, orharms the public interesto Hinders public order or violates sound social moralso Contains information which suggests obscenity,indecency, or violence, both in textual andgraphical formso Conveys vague and double-ended messages tothe publico Carries racially, sexually or ethnically abusive,offensive or objectionable content, or promotessocial discrimination and prejudice against gender,beliefs and convictionso Obstructs the public view on natural scenery andhinders the enjoyment thereof [DILG MC No. 04-158,s. 2004]57

AT-A-GLANCEEnsure the safety of residents and prevent freakaccidents from occurring on construction projects,through the following measures:" Require the contractor to assume full responsibility forthe proper safekeeping of construction materials andequipment used for the entire duration of theconstruction project and to assume liability for anyuntoward accident that may result from failure toobserve the necessary precautionary measures, whichshall be stipulated in the contract between themunicipality and the contractor" Require contractor to clear all construction debris awayfrom the areas that may be possibly tripped on bypassersby" Provide visible marks or signs on high risk areas such asopen canals, manholes and the like, lighting facilities inthe construction sites and other precautionary measures[DILG MC No. 95-87, s. 1995]! Initiate the organization of in-house and communityvolunteer fire brigades to include the conduct of fire drills,periodic evaluation and inspection of fire fighting equipmentand electrical installations and proper disposal of fire hazardmaterials [DILG MC No. 96-73, s. 1996]58

LOCAL ECONOMIC GOVERNANCEAgriculture and Fisheries Development! Cause the provision of extension and on-site research servicesand facilities related to agriculture and fishery activities whichinclude:o Dispersal of livestock and poultry, fingerlings, and otherseeding materials for aquaculture;o Palay, corn and vegetable seed farm;o Medicinal plant gardens;o Fruit tree, coconut, and other kinds of seedling nurseries;o Demonstration farms;o Quality control of copra and improvement anddevelopment of local distribution channels preferably thrucooperatives; ando Inter-barangay irrigation system. [Section 17, LGC]! Organize, or activate, an Agri-Credit Desk in themunicipality and designate a senior staff as Agri-CreditInformation Officer [DILG MC No. 97-262, s. 1997]! Ensure the maintenance of an up-to-date record of fishingvessels 3 gross tonnage and below and regularly submit tothe MARINA Central Office or MARINA Regional Offices, thePhilippine Coast Guard Station/Detachment and DA-BFARthe list of vessels registered [EO No. 305 s. 2004]59

Entrepreneurship, Business and Industry Promotion! Cause the provision of infrastructure facilities to serve theneeds of the residents of the municipality and which arefunded out of municipal funds including but not limited to:o Municipal roads and bridgeso Communal irrigation, small water impoundingprojectso Fish portso Public markets, slaughterhouses and othermunicipal enterprises [Section 17, LGC]! Cause the provision of communication and transportationfacilities [Section 17, LGC]! Cause the provision of tourism facilities and other touristattractions, including acquisition of equipment,regulation and supervision of business concessions, andsecurity services for such facilities[Section 17, LGC]! Cause the provision of necessary support and assistanceto Public Market Vendors Cooperatives, if any, in themunicipality [DILG MC No. 02-69, s. 2002]! Initiate measures to ensure that the willing, able andunemployed residents of the municipality are hired inpublic works project, either locally, nationally or foreignfunded[DILG MC No. 00-167, s. 2000; RA No. 6685]60

! Cause the development and implementation of alivelihood assistance program for victims of humantrafficking [DILG MC No. 06-172, s. 2006; DILG MC No. 05-26, s. 2005]! Coordinate with the Department of Energy for theconduct of periodic inspection of gasoline stationsoperating within the municipality to determine whethersaid establishments are complying with the provisions ofRA 8479, otherwise known as the Downstream Oil IndustryDeregulation Act of 1998, and its IRR [DILG MC No. 04-113,s. 2004]! Cause the institution of appropriate charges against erringgasoline stations and/or suspend or revoke the licenses orpermits issued to the said establishments for violation oflaw or conditions upon which said licenses or permits wereissued [DILG MC No. 04-113, s. 2004]On the Welfare of the Consumers! Formulate policies and strategies to keep prices of basicconsumer goods at reasonable levels [DILG MC No. 05-130s. 200; DILG MC No. 04-75, s. 2004; DILG MC No. 98-81, s.1998]! Ensure a more meaningful national-local governmentcollaboration in monitoring the prices of selected primecommodities, incidence of hoarding, violation of PriceTag Law, and other related concerns [DILG MC No. 98-81,s. 1998; DILG MC No. 06-58, s. 2006]61

! Strictly enforce the Consumer Act of the Philippines andother related laws to ensure consumer protection by:o Putting in place Timbangan ng Bayan andenforcing compliance to weighing scale; ando Setting up and updating regularly of pricebillboards installed in wet markets [DILG MC No.06-58, s. 2006; DILG MC No. 92-47, s. 1992; Art. 62, RANo. 7394; RA No. 7160]NOTE:Strictly implement the control measures in allslaughterhouses:- Conduct an inventory of all markets andslaughterhouse owned or managed either by themunicipality or by the Public Market VendorsCooperative- Direct the Municipality Veterinarian, or in his/herabsence, the agriculturist, as the case may be, toactively participate in the supervision of the operationof slaughterhouses in the municipality [AO No. 32 s.2002; DILG MC No. 03-52, s. 2003; DILG MC No. 01-94, s.2001]62

LOCAL ECONOMIC GOVERNANCENatural Resources Management! Adopt adequate measures and standards to safeguard andconserve land, mineral, marine, forest and other naturalresources of the municipality [Section 444 (b) (3) (vii), LGC]! Implement water and soil resource utilization andconservation projects [Section 17 (b) (2) (viii), LGC]! Cause the provision of seawalls, dikes, drainage andsewerage, and flood control facilities [Section 17 (b) (2) (viii),LGC]! Strictly enforce fishery laws in municipal waters, including theconservation of mangroves [Section 17 (b) (2) (i), LGC]! Cause the cancellation of business permits of pet shops orfile appropriate charges against persons found violatingRepublic Act No. 9147, or the Wildlife Resources Conservationand Protection Act, and Republic Act No. 7578 or theNational Integrated Protected Areas System Act of 1992[DILG MC No. 04-44, s. 2004]! Implement the provisions of the Code of Practice forAquaculture:o Demolish illegal structures along a river or estuarywhich impedes normal water flow; and63

oAdopt measures preventing overcrowding andcongestion in municipal waters, fish ponds, and fishpens, which may result to fish kills, when awardinga permit for the construction of a fish pen or of asea cage [DILG MC No. 02-64, s. 2002]! Cause the apprehension and prosecution of thoseengaged in the illegal trading of animals [DILG MC No.00-91, s. 2000; RA No. 8485]On Forest Management! Implement community-based forestry projects whichinclude integrated social forestry programs and similarprojects, manage and control communal forests, andestablish tree parks, greenbelts, and similar forestdevelopment projects [Section 17 (b) (2) (ii), LGC]REMINDER:Ensure that all Sangguniang Kabataan in everybarangay allocate 10% of their annual budget for theoperations of the Green Brigade [DILG MC No. 00-94, s.2000; EO No. 52 s. 1998]! Actively support the Anti-Illegal Logging Campaign byensuring that any business permit applicant, using woodas raw material, has a certification from the DENR thatsaid materials came from legal sources [DILG MC No. 98-203, s. 1998]64

! Strictly implement existing policies, rules and regulationsconcerning forest management:o Enforce the provisions of the Joint DENR-DILGMemorandum Circular No. 98-01, which embodiesthe manual of procedures of DENR-DILG-LGUpartnership on devolved and other forestmanagement functions;o Mobilize the business community, civil society andthe general public in reforestation activities; ando In coordination with the DENR, monitor the state offorests, report logging activities, arrest illegalloggers and file appropriate charges against theperpetrators [DILG MC No. 04-166, s. 2004]Waste Management, Pollution Control andUrban Land Quality! Cause the preparation and submission of the MunicipalSolid Waste Management Plan [DILG MC No. 01-48, s. 2001]! Cause the establishment of a solid waste disposal systemor environmental management system and services orfacilities related to general hygiene and sanitation [Section17 (b) (2) (vi), LGC]! Cause the establishment of an incentive system forbarangays which perform well in managing solid waste[DILG MC No. 01-38, s. 2001]65

! Implement the Zero-Waste Management Technologythrough:o total recycling such as conversion of wastes intofactory-returnable goods, fertilizers, feeds, fuel, finecrafts and filling materials;o adoption of methodologies in recycling wastessuch as sorting, segregation at source, properwaste packaging and ecologically-sound disposalsystem; ando information campaigns on the benefits derivedfrom the adoption of the technology. [DILG MCNo. 00-117, s. 2000]66

3 OFFICER-IN-CHARGEOIC-MAYOR as distinguished from ACTING MAYORActing Mayor is governed by Section 46 (a) of the LocalGovernment Code, while OIC Mayor is governed by section 46(c) of the same Code.When the Municipal Mayor is temporarily incapacitated toperform his duties for physical or legal reasons, such as but notlimited to, leave of absence, travel abroad and suspensionfrom office, the Municipal Vice-Mayor shall automaticallyexercise the powers and perform the duties and functions ofthe Local Chief Executive concerned, except the power toappoint, suspend, or dismiss employees which can only beexercised if the period of temporary incapacity exceed thirty(30) working days.In this case, the automatic assumption by the Vice-Mayor,even on the first day of incapacity of the Municipal Mayor, isautomatic and as such, he is properly defined as ActingMunicipal Mayor. As Acting Municipal Mayor, he can performall the functions, power and duties of the Municipal Mayorexcept the limitations provided for in cases of appointment,suspension or dismissal of employees.On the other hand, Section 46 (c) of the Code provides thatwhen the Municipal Mayor is travelling within the country but67

outside his territorial jurisdiction for a period of not exceedingthree (3) consecutive days, he may designate in full writing theOIC. Such authorization shall specify the powers and functionsthat the local official concerned shall exercise in the absenceof the local chief executive, except the power to appoint,suspend or dismiss employees.In this case, it may be noted that the Municipal Mayor candesignate any official of the municipal government as OIC forthree (3) consecutive days while he is outside his territorialjurisdiction but within the country. It should be further notedthat in case of designation of OIC, there is really, incontemplation of law, no temporary vacancy to speak of inthe Office of the Municipal Mayor. The Municipal Mayor maydesignate the Vice-mayor or any member of the Sanggunianor any appointive official of the municipality to act as OIC.But such designation cannot exceed three (3) days. Hence, onthe 4 th day, if the Municipal Mayor failed to return to hisstation, Section 46 (d) of the same Code will now apply, inwhich case, the Vice-Mayor shall assume as Acting Mayor onthe 4 th day of absence of the Municipal Mayor.Who may be authorized to act as OIC Municipal Mayor?Per Section 46 (c) of the Local Government Code, theMunicipal Mayor may designate in writing any municipalofficial to act as OIC during his absence for three (3) days. The68

authorization shall specify the powers and functions that thelocal official concerned shall exercise.How shall an OIC Municipal Mayor assume his functions?With regards to OIC Municipal Mayor, upon presentation of avalid designation in writing, he can assume as OIC MunicipalMayor. (Sec. 26 [c], Local Government Code)With regards to Acting Municipal Mayor, upon the occurrenceof any event leading to the temporary incapacity of theMunicipal Mayor, either for physical or legal reasons, theMunicipal Vice-Mayor automatically assumes as Acting Mayor.(Sec. 46 [a], Local Government Code)When shall an OIC Municipal Mayor cease to act as such?An OIC Municipal Mayor shall stop performing his functions assuch on the 4 th day of absence of the Municipal Mayor. Thishas to be so because his designation as OIC is effective onlyduring the three-consecutive days absence of the MunicipalMayor, who is outside his jurisdiction but is within the country.On the 4 th day, designation of OIC ceases to exist byoperation of law and the Municipal Vice-Mayor shall nowautomatically assume as Acting Municipal Mayor pursuant toSection 46 (d) of the Local Government Code.69

May the Municipal Vice-Mayor, acting as Acting MunicipalMayor, continue to preside over the session of theSangguniang Bayan?In the case of Gamboa vs. Aguirre (G.R. No. 134213, July 20,1999), the Supreme Court ruled that the Vice-Governor, who isnow acting as Acting Governor, cannot anymore continue topreside over the session as this would violate the principle ofseparation of powers and functions. The Vice-Governor, in hiscapacity as Acting Governor, is expected to perform full-timeexecutive functions which would include approval ofordinances. This pronouncement of the Supreme Courtequally applies to cities and municipalities.May the Municipal Vice-Mayor, acting as OIC, continue topreside over the session of the Sangguniang Bayan?The situation is different between the OIC and Acting. Asearlier noted, in the acting capacity, there is temporaryvacancy in the Office of the Municipal Mayor, while in OICcapacity there is no temporary vacancy in the Office of theMunicipal Mayor. Moreover, OICs exercise only limited powersas may be contained in the letter-authorization designatinghim as such. Hence, if incidentally, the Municipal Vice-Mayorwas the one designated as OIC, he can still continue topreside over the session of the Sanggunian since the ruling inthe Gamboa case will not apply.70

As a mere OIC, he has no power to perform all the functionsand powers of the Municipal Mayor and more importantly, heis now empowered to approve ordinances. Such being thecase, the violation of separation of powers and functions, theevil sought to be avoided in the Gamboa ruling, is notpresent. Since, anyway, as OIC he has no power to approveordinances enacted by the Sanggunian.May the Municipal Vice-Mayor, acting as OIC, appointofficials?No, under CSC rules on appointment, an OIC cannot issue anappointment.What are the tasks and responsibilities of an OIC MunicipalMayor?Act or perform in accordance with the authorization given bythe Municipal Mayor, such as, but not limited to the following:! Sign and approve vouchers for the payment of salaries ofthe municipal employees;! Sign and approve vouchers and requisitions, purchases ofessential supplies, and hospital subsistence, if any;71

! Attend conferences as well as other ceremonial functions inrepresentation of the office of the Municipal Mayor; and! Perform routinary and administrative functions such assupervision of the day-to-day operations of the Office of theMunicipal Mayor. [Section 46 (a), LGC]LIMITATIONS OF THE POWERS AND FUNCTIONSOF AN OIC MUNICIPAL MAYOR&Act upon transactions which are policy-determining,confidential and highly technical in nature and uponthose involving contracts;&Appoint, suspend or dismiss municipal employees, whenthe temporary incapacity of the Municipal Mayor doesnot exceed thirty (30) days. [Section 46, LGC]; and&Perform such powers and functions not specified in theauthorization given by the Municipal Mayor, or in excessthereof.72

AcknowledgementWe would like to extend our appreciation to the working teamthat made the completion of this publication possible—fromthe Bureau of Local Government Supervision and the LegalService of DILG, to the LGA personnel who gave time and talentto see this piece of work to print.Likewise, we recognize the various institutions particularly thelocal government leagues, the national government agencies,the academe and non-governmental organizations for theirgenerosity in sharing their recommendations and inputs so thatthe reading material would be much more understandable anduseful to ordinary citizens.The list will not be complete if the development partners,specifically the Philippine Development Forum Working Groupon Decentralization and Local Government are notacknowledgement because they are the ones who principallygave impetus to this endeavor.Without being specific, there are still others who worked to makethis publication possible. We sincerely thank them and we areconfident that they are one with us in advocating excellent localgovernance in the Philippines.75