The Local Government Code (RA 7160): A Reviewer for the CSE

Local governments are where most Filipinos meet government every day: the barangay hall, the municipal treasurer, the city health office. The Civil Service Exam’s General Information area covers the Philippine Constitution, and Article X of the Constitution on local government is carried out mainly through one law: Republic Act No. 7160, the Local Government Code of 1991. This guide covers the parts of the Code that you are most likely to need, with the section numbers so you can check the text yourself.

Why the Code matters

Article X of the 1987 Constitution promises local autonomy and asks Congress to pass a local government code with “effective mechanisms of recall, initiative, and referendum”. RA 7160 did that. It devolved many services (such as basic health services, agricultural extension and local infrastructure) from national agencies to local government units (LGUs) and gave LGUs a share of national internal revenue taxes.

Keep two ideas apart:

• Decentralisation: powers, responsibilities and resources move from the national government to LGUs. When a function itself is transferred to the LGU, it is called devolution.
• General supervision: the President still supervises LGUs to make sure they act within the law (Article X, Section 4). Supervision is not control: the President cannot replace an LGU’s lawful judgement with his or her own. The DILG helps the President exercise this supervision.

The levels of local government

The territorial and political subdivisions are provinces, cities, municipalities and barangays, plus the autonomous region in Muslim Mindanao (now BARMM, under its own organic law). Each level has a chief executive and a legislative council:

LGU	Chief executive	Legislative body	Presiding officer
Province	Governor	Sangguniang Panlalawigan	Vice-Governor
City	City Mayor	Sangguniang Panlungsod	Vice-Mayor
Municipality	Municipal Mayor	Sangguniang Bayan	Vice-Mayor
Barangay	Punong Barangay	Sangguniang Barangay	Punong Barangay

Notice the pattern: the vice-governor or vice-mayor presides over the council, but in the barangay the Punong Barangay is both chief executive and presiding officer.

Creating LGUs

Creation, division, merger, abolition or a substantial change of boundaries needs approval by a majority of the votes cast in a plebiscite in the political units directly affected (Article X, Section 10). The Code sets minimum requirements, verified by the relevant agencies. Two that are often asked:

• Barangay (Section 386): a population of at least 2,000, or at least 5,000 in Metro Manila and highly urbanised cities.
• Municipality (Section 442): an average annual income of at least ₱2.5 million, a population of at least 25,000, and a contiguous territory of at least 50 square kilometres.
• Highly urbanised city (Section 452): at least 200,000 inhabitants and an annual income of at least ₱50 million (at 1991 constant prices).

Income figures in the Code have been amended for some LGU types over the years, so learn the population figures firmly and treat income thresholds with care.

The barangay

The barangay is the basic political unit and the primary planning and implementing unit of government programmes in the community (Section 384).

• Sangguniang Barangay (Section 390): the Punong Barangay, seven elected regular members, and the SK chairperson.
• Barangay assembly (Section 397): all residents at least 15 years old who have lived in the barangay for at least six months and are registered in the list of barangay assembly members. It meets at least twice a year.

Katarungang Pambarangay

The Code keeps many neighbourhood disputes out of court through the Katarungang Pambarangay (Sections 399 to 422).

1. The Lupong Tagapamayapa is chaired by the Punong Barangay and has 10 to 20 members (Section 399).
2. The Punong Barangay first tries to mediate.
3. If mediation fails, a three-member Pangkat ng Tagapagkasundo tries conciliation.
4. Only if settlement fails is a certification issued so the case can go to court, for disputes that fall under the system.

An amicable settlement has the force of a final judgement if not repudiated within the period the Code allows.

The Sangguniang Kabataan

The SK was reformed by RA 10742 (2015), the SK Reform Act:

• The Katipunan ng Kabataan is made up of residents aged 15 to 30 who are registered in the barangay.
• SK officials must be 18 to 24 years old on election day.
• The Act includes an anti-dynasty provision: SK officials must not be related within the second degree of consanguinity or affinity to incumbent elected officials in the same area.

Local legislation

• Councils enact ordinances (laws of a general and permanent character) and adopt resolutions (expressions of opinion or decisions on specific matters).
• The local chief executive may veto an ordinance on the ground that it is ultra vires or prejudicial to the public welfare. The mayor must return a vetoed ordinance within 10 days, the governor within 15 days (Section 54); otherwise it is deemed approved.
• The council can override a veto by a two-thirds vote of all its members.

How to study this topic

1. Learn the table of LGU officials first. It answers many questions directly.
2. Memorise the small set of numbers: 2,000 / 5,000; 25,000 / 50 sq km; 200,000; 7 kagawad; 10 to 20 Lupon members; 15–30 and 18–24; 10 and 15 days.
3. Link each idea to the Constitution: autonomy, plebiscite and general supervision all come from Article X.

Then test yourself with our Local Government Code questions and the broader state policies and local government set. For the exact wording of any provision, read RA 7160 on the Official Gazette or the Lawphil site.