Admin Code of 1987, Title XII.docx

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    EXECUTIVE ORDER NO. 292

    INSTITUTING THE "ADMINISTRATIVE CODE OF 1987"

    Title XII

    LOCAL GOVERNMENT

    CHAPTER 1GENERAL PROVISIONS

    Section 1.Declaration of Policy. - The State shall ensure the autonomy of localgovernments. For this purpose, it shall provide for a more responsive andaccountable local government structure instituted through a system ofdecentralization. The allocation of powers and resources to local government unitsshall be promoted, and inter-local government grouping, consolidation andcoordination of resources shall be encouraged. The State shall guarantee the localgovernment units their just share in national taxes and their equitable share inproceeds from the use of natural resources, and afford them a wider latitude forresources generation.

    Section 2.Mandate. - The Department shall assist the President in the exercise ofgeneral supervision over local governments and in ensuring autonomy,decentralization and community empowerment.

    Section 3.Powers and Functions. - To accomplish its mandate, the Departmentshall:

    (1) Advise the President on the promulgation of policies, rules,regulations and other issuances relative to the general supervision oflocal government units;

    (2) Establish and prescribe rules, regulations and other issuances andimplementing laws on the general supervision of local governmentunits and on the promotion of local autonomy and monitor compliancethereof by said units;

    (3) Provide assistance in the preparation of national legislationaffecting local government units;

    (4) Establish and prescribe plans, policies, programs and projects tostrengthen the administrative, technical and fiscal capabilities of localgovernment offices and personnel;

    (5) Formulate and implement policies, plans, programs and projects tomeet national and local emergencies arising from natural and man-made disasters; and

    (6) Perform such other functions as may be provided by law.

    Section 4.Organization Structure. - The Department, shall be composed of theOffice of the Secretary and the staff and line offices which shall consist of thefollowing:

    (1) Bureau of Local Government Supervision;

    (2) Bureau of Local Government Development;

    (3) National Barangay Operations Office;

    (4) Project Development Services;

    (5) Department Services;

    (6) Office of Public Affairs; and

    (7) Regional and Field Offices.

    CHAPTER 2

    DEPARTMENT PROPER

    Section 5.Office of the Secretary. - The Office of the Secretary shall consist of theSecretary and his immediate staff.

    Section 6.Undersecretaries and Assistant Secretaries. - The Secretary shall beassisted by not more than three (3) Undersecretaries and three (3) AssistantSecretaries who shall be appointed by the President upon the recommendation ofthe Secretary. The Secretary is hereby authorized to delineate and assign therespective functional areas of responsibility of the Undersecretaries and AssistantSecretaries.

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    CHAPTER 3

    DEPARTMENT SERVICES

    Section 7.Planning Service. - The Planning Service shall be responsible forproviding the Department with efficient and effective services relating to planning,programming, research and statistics.

    Section 8.Financial and Management Service. - The Financial and ManagementService shall be responsible for providing the Department with efficient andeffective staff advise and assistance on budgetary, financial and managementimprovement matters.

    Section 9.Legal Service. - The Legal Service shall be responsible for providingthe Department with efficient and effective legal counselling services, assistance tothe Secretary in the review or determination of subordinate bodies or agencies,collaboration with Solicitor General in handling cases affecting the Department,and investigation of administrative cases involving Department personnel and localofficials;

    Section 10.Administrative Service. - The Administrative Service shall beresponsible for providing the Department with efficient and effect ive services

    relative to personnel, information, records, supplies, equipment, collection,disbursement, security and custodial work, and other kinds of services not relatedto the other services above enumerated.

    Section 11.Electronic Data Processing Service. - The Electronic Data ProcessingService shall be responsible for providing adequate and up-to-date data andmanagement information inputs, including monitoring of all field operations, toserve as basis for effective planning, management and control, policy formulationand decision-making.

    CHAPTER 4

    BUREAUS AND OFFICES

    Section 12.Bureau of Local Government Supervision. - The Bureau of LocalGovernment Supervision, to be headed by a Bureau Director appointed by thePresident upon the recommendation of the Secretary, shall have the followingfunctions:

    (1) Advise and assist the Secretary in the exercise of the power ofgeneral supervision of the President over local government units,particularly in the formulation and implementation of national laws,

    policies, and standards concerning local government operations andtheir personnel;

    (2) Establish and prescribe guidelines for the administration of theKatarungang Pambarangay Laws;

    (3) Monitor compliance with national laws and policies by localgovernment units;

    (4) Provide assistance in the preparation of national legislationaffecting local government units and in the promotion of localautonomy;

    (5) Extend consultation service and advice to local government unitsinvolved in promoting local autonomy; and

    (6) Provide assistance to local governments in the promotion ofcitizens participation in local government activities;

    (7) Provide technical and financial assistance, as well as secretariat

    services to the Leagues of Provinces, Cities and Municipalities; and

    (8) Perform such other functions as may be provided by law.

    Section 13.Bureau of Local Government Development. - The Bureau of LocalGovernment Development, to be headed by a Bureau Director appointed by thePresident upon the recommendation of the Secretary shall have the followingfunctions:

    (1) Establish and prescribe plans, policies, programs, and projects tostrengthen the administrative and technical capabilities of localgovernment offices and personnel;

    (2) Provide technical assistance to enhance the administrative, fiscaland technical capabilities of local government officers and personnel;

    (3) Formulate, prescribe and periodically evaluate local developmentpolicies, plans, programs and projects designed to enhance theparticipation of local government units in planning and implementation;

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    (4) Establish a system of incentives and grants to local governmentsand prescribe policies, procedures and guidelines in theimplementation of self-help assistance projects;

    (5) Formulate and develop models, standards and technical materialson local government development;

    (6) Extend consultation service and advice to local government units

    involved in development programs;

    (6) Extend consultation service and advice to local government unitsinvolved in development programs;

    (7) Establish a viable system of strategies and approaches for localgovernments anchored on citizen participation within a wholistic andintegrated framework for the development of communities; and

    (8) Perform such other functions as may be provided by law.

    Section 14.Office of Public Affairs. - The Office of Public Affairs shall have the

    following functions:

    (1) Provide technical assistance in the modernization and maintenanceof a Department-wide micro-telecommunica- tions systems;

    (2) Provide mechanisms for the operationalization of the intent of theprovisions of public information, coverages and documentation of theactivities of the Department;

    (3) Perform functional supervision over regional information centers inproviding the citizenry with relevant information on the program of theDepartment and the Government's thrust towards the participation of

    the citizens in the democratic processes;

    (4) Formulate plans and programs to implement the administrative andtechnical capabilities of public officers and personnel both on thecentral and regional levels;

    (5) Establish and prescribe guidelines in the administration ofInformation and Public Assistance Services;

    (6) Extend consultation services and advice in the implemen- tation ofRegional Information Services;

    (7) Assess information needs of the people through opinion polls andsurveys;

    (8) Provide assistance on various public programs of the Department;

    (9) Establish and implement policies, plans, programs and projects tomeet local emergencies arising from natural and man-made disasters;and

    (10) Perform such other duties and responsibilities and projectsassigned or delegated by the Secretary in the effective delivery ofpublic services or as may be required by law.

    Section 15.Local Government Academy. - The Local Government Academy shallbe responsible for human resource development and training of local governmentofficials and Department personnel. The Academy shall be under the directsupervision of a Board of Trustees composed of the Secretary of Local

    Government as Chairman and four (4) other members to be appointed by thePresident upon recommendation of the Secretary. The structure and staffingpattern of the Local Government Academy shall be prescribed and approved bythe Secretary.

    Section 16.National Barangay Operations Office. - The National BarangayOperations Office which shall be headed by a Director to be appointed by thePresident upon the recommendation of the Secretary, shall have the followingfunctions:

    (1) Formulate policies, plans and programs that will promotecommunity and citizen participation in the political development of thebarangay through the mobilization and participation of barangay

    assemblies;

    (2) Initiate projects on innovative barangay development strategies andapproaches in close coordination with the Bureau of Local GovernmentDevelopment;

    (3) Provide secretariat services to the Association of BarangayCouncils and serve as a clearing house on matters affecting barangay

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    officials' insurance, hospitalization, educational and other benefits asprovided by law;

    (4) Provide continuing information dissemination to barangay units onnational development efforts and issues in order for barangayassembly members to participate meaningfully in nationaldevelopment;

    (5) Establish and maintain masterlists of barangays, barangay officialsand barangay socio-economic profiles;

    (6) Provide situational and political analysis for the Secretary onbarangay affairs; and

    (7) Perform other functions as may be delegated by the Secretary or asprovided for by law.

    Section 17.Office of Project Development Services. - The Office of ProjectDevelopment Services shall have the following functions:

    (1) Formulate innovative approaches and strategies designed topromote technical capabilities of local governments;

    (2) Assist in the development of program components for theimplementation of tested and appropriate system and processes at thelocal level; and

    (3) Perform other functions as may be delegated by the Secretary or asprovided by law.

    CHAPTER 5

    REGIONAL AND FIELD OFFICES

    Section 18.Regional and Field Offices. - The Secretary is authorized to establish,operate and maintain one Regional Office in each of the administrative regionsestablished by law. A Regional Office shall have, within its administrative region,the following functions:

    (1) Implement laws, rules, and regulations, other issuances, policies,plans, programs and projects of the Department;

    (2) Provide efficient and effective service to local government;

    (3) Coordinate with regional offices of other departments, offices andagencies affecting local administration and development;

    (4) Assist local government units in developing their capabilities forlocal government administration and development; and

    (5) Perform such other functions as may be delegated by the Secretaryor as provided by law.

    CHAPTER 6

    LEAGUES OF PROVINCES, CITIES AND MUNICIPALITIES

    Section 19.Leagues of Provinces, Cities and Municipalities. - There is herebycreated the Leagues of Provinces, Cities and Municipalities.

    The functions, budget and records of the Katipunan ng mga Sanggunian NationalSecretariat and the Pambansang Katipunan ng mga Punong Bayan sa Pilipinas,shall be transferred to the Leagues of Provinces, Cities and Municipalities. The

    Leagues shall be under the supervision of the Bureau of Local GovernmentSupervision.

    The Secretary is hereby authorized to promulgate the necessary implementingrules that will activate these Leagues.