– PRESCRIBING THE IMPLEMENTING RULES AND REGULATIONS OF THE LOCAL GOVERNMENT CODE OF WHEREAS, Section 25, Article II of . Local Government Code of , affirms, among others, that the territorial and under RA and the implementing rules and regulations issued pursuant . This Act shall be known and cited as the “Local Government Code of ”. SECTION 2. Declaration of Policy. – (a) It is hereby declared the policy of the State.
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In other words, the primordial considerations here is the economic viability of the new local government unit, the new province? Declaration of State Policies and Objectives. If the funds of the local government unit are sufficient, it can be a separate department with divisions and units for policy and planning, administration and finance, and programs and operations.
Legislative intent is part and parcel of the law, the controlling factor in interpreting a statute.
The SK, in the case of barangay, and the respective LYDC in cooperation with the Pederasyon ng mga SK, in the case of province, city and municipality, shall take the lead in this observance. Far from being absolute regarding application of the requirement of a contiguous territory of at least 2, square kilometers as certified by 19911 Land Management Bureau, Section allows for said exemption by providing, under paragraph b thereof, that t he lvc need not be contiguous if the new province comprises two or more islands or is separated by a chartered city or cities which do not contribute to the income of the province.
For this purpose, any citizen of the Philippines residing in the said barangay for at least six 6 months who attains the age of fifteen 15 years old but not more than thirty 30 years old at the time of the special election and who registers as member of the KK before the SK secretary shall be entitled to vote in the said special election.
The LYDO or the designated personnel in Section 24 d shall send a list of registered and verified youth organizations and youth serving organizations to the Commission. Meetings of the KK.
Implementing Rules and Regulations of Republic Act No. 10742
Even prescinding from the current decrease lcg population and land area requirement as well as the increase in the income requirement, it cannot, therefore, be validly argued that the requisites for the creation of a province under both laws are similar. Because you never have any reason for economic viability.
A mechanism of reimbursement will also be included in the guidelines. ValenciaSCRA The foregoing considerations were unduly brushed aside by the ponencia in one fell swoop when it invalidated Republic Act No.
For, indeed, why will iirr law still exempt the islands from the requirement of contiguity when they are already legally contiguous? If a statute is valid, it is to have effect according to the purpose and 191 of the lawmaker. Taking into consideration the circumstances under which Republic Act Lgcc. Such funds shall be disbursed in accordance with the provisions of RAthis IRR, RARA and such other pertinent rules and regulations; b The SK shall have financial independence in its operations, disbursements and encashment of their funds, income and expenditures.
Petitioners initially assailed the constitutionality of Republic Act No.
Succession and Filling up of Vacancies. The provision, then, as worded, only means that the exemption in paragraph b refers to both the components of territory, that is, contiguity and land area, and not merely the first, standing alone. Quezon as working document; 2. This presumption is rooted in the doctrine of separation of powers which enjoins upon the three coordinate departments of the Government a becoming courtesy for each other’s acts. The LYDC shall be headed by the concerned SK Pederasyon President and composed of representatives of youth and youth-serving organizations in the provincial, city, and municipal level.
Such may be put under the Office of the LCE, the Office of the Planning and Development, the Office of the Social Welfare or in any other office deemed appropriate by the local government unit. In other words, the grounds for nullity must be beyond reasonable doubt, for to doubt is to sustain.
To obviate this aberration, and bearing in mind the principle that the intent or the spirit of the law is the law itself, resort should be to the rule that the spirit of the law controls its letter. Given the lesser importance accorded the land area and population under Section of the present Local Government Code, I find that the propriety of applying the restrictive interpretation of the land area requirement in Tan v.
All expenses incidental to the creation shall be borne by the petitioners. Over and above that, the provincial officials should be able to trigger off economic development which will attract new investments from the private sector.
A certification of attendance shall be issued by the SK secretary, attested by the SK chairperson and duly noted by the punong barangay, and shall be submitted to the concerned faculty member and the dean of the educational institution as proof of attendance. Powers and Functions of the SK.
Art. , Rule XXIII, IRR of RA
Now, by compressing the land area and by reducing the population requirement, we are, in effect, trying to follow the basic policy of why we are creating provinces, which is to deliver basic services and to make it more efficient in administration. By rough analogy, the two components are like dicephalic conjoined twins two heads are attached to a single body. COMELEC it held that t he Constitution requires that the criteria for the creation of a province, including any exemption from such criteria, must all be written in the Local Government Code.
Both the CBYDP and ABYIP shall give priority to programs, projects and activities that will promote and ensure the equitable access to quality education, environmental protection, climate change adaptation, disaster risk reduction and resiliency, youth employment and livelihood, health, including health services and adolescent sexual and reproductive health, anti-drug abuse, gender sensitivity, sports development, and capability building which emphasizes leadership training; d The budget cycle of the SK shall be synchronized with that of the barangay.
Thats why were going into the minimum income level. Failure on the part of the sanggunian to complete the review within the prescribed period shall render the said annual budget deemed approved; and e All SK funds derived from any source shall be stated in its financial records which shall be kept by the SK treasurer, copy furnished the sangguniang barangay, in simplified manner as may be prescribed by the COA.
Despite its aggregate land area of For this purpose, the provincial, city, municipal, or barangay development council, shall assist the corresponding sanggunian in setting the direction of economic and social development, and coordinating development efforts within its territorial jurisdictions… Art.
Official Gazette Open Data Portal.
Correlatively, Section of the Local Government Code prescribes the criteria for the creation of a province in the following wise: