POWERS AND FUNCTIONS OF LOCAL CHIEF EXECUTIVES;

>>The Barangay Captains

>>The Mayors

>>The Provincial Governors

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The Punong Barangay, as the chief executive of thebarangay, is mandated to exercise powersand perform duties and functions necessary to promotethe general welfare of the barangay and its inhabitants.

~The Local Government Code of 1991~

Section 389 (LGC) & Rule XV. Art. 88 (IRR)

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Section 16. General Welfare Within their respective jurisdictions, local government unit shall ensure and support, among other things,

1. the preservation and enrichment of culture, promote health and safety, 2. enhance the right of the people to a balanced ecology, 3. encourage and support the development of appropriate and self-reliant scientific and technological capabilities,

4. improve public morals,

5. enhance economic prosperity and social justice,

6. promote full employment among their residents, 7. maintain peace and order,

8. and preserve the comfort and convenience of their inhabitants.

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The Punong Barangay has basically the following powers, duties and functions;(b) Pursuant to Section 16 of the Code, Punong Barangay shall:

1. Applicable laws and ordinances

2. Negotiate, enter into, and sign contracts

3. Maintain public order

4. Call and preside over the sessions.

5. Appoint or replace appointive barangay officials; 6. Organizing and leading an emergency group.7. Preparing the annual executive and supplemental budgets

8. Approval of Vouchers

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The Punong Barangay has basically the following powers, duties and functions;

9. Pollution control/protection of the environment;

11. General supervision over sangguniang kabataan

10. Administering the operation of the katarungan pambarangay.

12. Ensure the delivery of basic services13. Conduct annual palarong barangay.14. Promote general welfare of the barangay;15. Exercise such other powers and perform such other duties and functions.

(c) possess and carry the necessary firearm subject to appropriate rules and regulations.

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Punong barangay has more power, relatively speaking, than mayor or governor. Exercises the BASIC duty of executing applicable laws and ordinances.

Exercises some legislative powers Presiding officer

Thus,

Consideration & passage of ordinancesHas ultimate participation

Settling Disputes Judicial FunctionMany limitations on barangay Powers,

Above observation, consolation Legal Status

In hierarchy of LGU

Implement National Laws

Like those relating to Pollution Control.

On Punong Barangay:

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Article 85 Provincial GovernorArticle 86 City MayorArticle 87 Municipal Mayor

Section 465 Provincial Governor; Section 455 City Mayor; Section 444 Municipal Mayor;

RULE XVPowers, Duties, & Function of the Local Chief Executives

Local Chief Executives; Powers, Duties, Function & Compensation

IMPLEMENTING RULES AND REGULATIONS

LOCAL GOVERNMENT CODE OF 1991

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The Provincial Governor and Mayor, as the chief executive of theprovincial and city and/or municipal government, is mandated to exercise powers and perform duties and functions necessary to promote the general welfare of the locality and its inhabitants. ~The Local Government Code of 1991~

Section 465, 444, 455 (LGC) & Rule XV. Art.

85,86,87 (IRR)

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Powers, Duties and Functions

Provincial governor

Mayor

As contemplated

1987 National Constitution under Article X, Section 4.

The governor shall ensure that the acts of the component cities and municipalities of the province and of its officials and employees are within the scope of his prescribed Powers, Duties and Functions.

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Governor and Mayor have basically the following powers;

(2)Enforce all laws and ordinances and the exercise of the appropriate Corporate Powers provided in (Rule IX and/or Section 22), and implement all approved policies, programs, projects, services and activities of the local government, in addition to, shall;(3)Initiate and maximize the generation of resources and revenues, and apply the same to the implementation of development plans, program objectives and priorities as provided in (Rule XXX and/or Section 18) , in addition to shall;

(1)Exercise general supervision and control over all programs, projects, services, and activities shall;

(4)Ensure the delivery of basic services and the provision of adequate facilities provided in (Rule V and/or Section 17), & addition thereto, shall; (5)Exercise such other powers and perform such other duties and functions as may prescribed by law or ordinances; Veto Power

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(i) Determine the guidelines of policies.(ii)Direct the formulation of the local development plan.

(v) Appointing local officials and employees

(iii)Presentation of program, and propose policies and projects.(iv)Legislative measures proposal

Rule XV- Art. 85,86,87, (b),(1)

(vi) Representing the locality in all its business transaction. (bonds, contracts & obligations)

(vii) Emergency measures.

(viii) Determine the manner, and place of payment of salaries or wages.(ix) Allocation and assignment of office space & other official buildings.(x) Ensure duties and functions discharge by all executive officials and employees.

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Rule XV-Art. 85,86,87, (b),(1)

(xi) Examine the books, records and other documents.(xii) Furnishing executive orders within 72 hours after issuance .(xiii) Visiting component cities and municipalities, municipal barangays, at least 6 months.

(xiv) Act on leave applications of officials /employees

(xv)Authorizing officials trips not exceeding thirty 30 days; (xvi) Call upon any national official or employee for some advices to resolute matters.

(xix) Conduct an annual palarong panlalawigan/panglungsod.

(xvii)Payment for medical care, necessary transportation, subsistence, hospital or medical fees.

(xviii) The Governor as inter-provincial or regional sports councils or committees representative: Mayor solemnizes marriages.

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(xx)Submission of annual report.

1 summary of all matters pertinent to the management, administration and development of the local government

2 and all information and data relative to its Political, Social and Economic conditions;

3 and supplemental reports.

Rule XV- Art. 85,86,87, (b),(1)

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(i) Officials and employees within the scope of their prescribed powers, duties and functions

(ii) Call conventions, seminars, or meetings of any elective and appointive officials.(iii) Issue such executive orders for the faithful and appropriate enforcement and execution of laws and ordinances;

(iv) Be entitled to carry the necessary firearm;

Rule XV-Art. 85,86,87, (b),(2)

(v)Formulate the peace and order plan and upon its approval, implement the same in accordance with RA 6975; and,

(vi) Appropriate national law enforcement agencies to suppress disorder.

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(i) Require preparation, submission and estimate of appropriations for the ensuing calendar year;

(iii) Collection of taxes and revenues: payment of expenses and settlement of obligations.

(ii) Submission to the sanggunian for approval.

(iv) Issue licenses and permits and suspend or revoke the same.

Rule XV- Art. 85,86,87, (b),(3)

(v1) Measures of conserving land, mineral, marine, forest and other resources.(v2) Mayor: permits for charitable or welfare purpose, excluding prohibited games of chance or shows.

(vi1) Administrative or judicial proceedings . (viii) (Mayor)

(vi2)Mayor: Require necessary permit for illegal constructions or other structures; fines and penalties.

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(i) Ensure the construction and repair of roads and highways.

(ii) Coordinate the implementation of technical services.

Rule XV- Art. 85,86,87, (b),(4)

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Section 22 (LGC) & Rule IX (IRR) ----Corporate Powers

(a) Every local Government Unit, as a corporation shall have the following powers;

(5) To enter into contracts ; and

(3) To have and use a corporate seal;

(2) To sue and be sued;

(1) To have a continuous succession in its corporate name;

(6) To exercise such other powers as are granted to Corporations, subject to the limitations provided in this code and other laws.

(4) To acquire and convey real or personal property;

A body politic with corporate powers.Power to sue and be sued refers to Proprietary

Powers Because cannot be sued without its CONSENT, EXPRESS OR IMPLIED.

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On Corporate Power:

Unless dispensed with by the code ,

Local Chief Executive

contract

Sanggunian

prior authorization

Required conspicuously displayed in publicIn accord with Government

Transparency PolicyEmployment of full autonomy not only on governmental powers

Also Proprietary Powers subject to legal limitations.

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Section 18 (LGC) -----Power to Generate and Apply ResourcesRule XXX. Article 218 (IRR)----- Power to Create Sources of Revenue

LGU Revenue raising power

Resources: taxes, revenues, gains, assets & etc. “productive, developmental and welfare

purposes”

Establishment of organization

Optional offices

By administrative rules existing positions

Under LGU implied or incidental powers

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Section 17(LGC) and Rule V----- Basic Services and facilities

police stations

health care

infrastructures; roadways

waste disposal

information services

social services public markets

The basic services like

fire stations

tourism facilities

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Article 109- Veto Power of the Local Chief Executives.

(a) The Local Chief Executive may veto any ordinance of the sangguniang panlalawigan, sangguniang panglungsod, or sangguniang bayan on the ground that it is ultra vires or prejudicial to the public welfare, stating his reasons there for in writing. (b) The LCE, except the punong barangay shall have the power to veto any particular item or items of an appropriations ordinance ,

(2)an ordinance directing the payment of money or creating liability.

(1)an ordinance or resolution adopting a local development plan and public investment program or,

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The Local Chief Executive may veto an ordinance or resolution only once. The sanggunian may override the veto of the local chief executive concerned by two-thirds (2/3) vote of all its members, thereby making the ordinance effective even without the approval of the local chief executive concerned.

The reason:Ultra Vires (beyond the authority of sangguniang

concerned)Or Prejudicial (harmful) to public welfare.

The reasons for the veto must be stated not merely the general basis.Veto

Accompanied by an explanation

Why Ultra Vires of Prejudicial ?

Once overridden, the ordinance or resolution becomes effective. There can be no veto of an overriding vote.

It also contemplates a partial veto which does not extend to the punong barangay.

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The EndPrepared by Hanya B. Lao

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