BOOK I OFFICIAL GAZETTE CHAPTER 5 Good Friday Movable date OPERATION AND EFFECT OF LAWS Section 24. Contents. - There shall be published in the Official Gazette all legislative acts and resolutions of a public nature; Araw ng Kagitingan (Bataan and April 9 all executive and administrative issuances of general Section 18. When Laws Take Effect. - Laws shall take effect Corregidor Day) application; decisions or abstracts of decisions of the Supreme after fifteen (15) days following the completion of their Court and the Court of Appeals, or other courts of similar publication in the Official Gazette or in a newspaper of Labor Day May 1 rank, as may be deemed by said courts of sufficient general circulation, unless it is otherwise provided. importance to be so published; such documents or classes of documents as may be required so to be published by law; and Independence Day June 12 Section 19. Prospectivity. - Laws shall have prospective effect such documents or classes of documents as the President unless the contrary is expressly provided. shall determine from time to time to have general application National Heroes Day Last Sunday of August or which he may authorize so to be published. Section 20. Interpretation of Laws and Administrative The publication of any law, resolution or other official Bonifacio Day November 30 Issuances. - In the interpretation of a law or administrative documents in the Official Gazette shall be prima facie issuance promulgated in all the official languages, the English evidence of its authority. lawphi1.net Christmas Day December 25 text shall control, unless otherwise specifically provided. In case of ambiguity, omission or mistake, the other texts may Section 25. Editing and Publications. - The Official Gazette Rizal Day December 30 be consulted. shall be edited in the Office of the President and published weekly in Pilipino or in the English language. It shall be sold (B) Nationwide Special Days Section 21. No Implied Revival of Repealed Law.- When a law and distributed by the National Printing Office which shall which expressly repeals a prior law itself repealed, the law promptly mail copies thereof to subscribers free of postage. All Saints Day November 1 first repealed shall not be thereby revived unless expressly so provided. CHAPTER 7 Last Day of the Year December 31 REGULAR HOLIDAYS AND NATIONWIDE SPECIAL DAYS (2) The terms "legal or regular holiday" and "special Section 22. Revival of Law Impliedly Repealed. - When a law holiday", as used in laws, orders, rules and regulations which impliedly repeals a prior law is itself repealed, the prior Section 26. Regular Holidays and Nationwide Special Days. - or other issuances shall be referred to as "regular law shall thereby be revived, unless the repealing law 1. Unless otherwise modified by law, order or holiday" and "special day", respectively. lawphi1.net provides otherwise. proclamation, the following regular holidays and special days shall be observed in this Section 27. Local Special Days. - The President may proclaim Section 23. Ignorance of the Law. - Ignorance of the law country: any local special day for a particular date, group or place. excuses no one from compliance therewith. (A) Regular Holidays Section 28. Pretermission of Holiday. - Where the day, or the New Year's Day January 1 last day, for doing any act required or permitted by law falls on a regular holiday or special day, the act may be done on the next succeeding business day. lawphi1.net CHAPTER 8 Section 2. Definitions. - As used in this Book: as of right to be admitted as a party, in any agency LEGAL WEIGHTS MEASURES AND PERIOD (1) "Agency" includes any department, bureau, office, proceeding; but nothing herein shall be construed to commission, authority or officer of the National prevent an agency from admitting any person or Section 29. Official Use of Metric System. - The metric system Government authorized by law or executive order to agency as a party for limited purposes. of weights and measures shall be used in the Philippines for make rules, issue licenses, grant rights or privileges, (8) "Decision" means the whole or any part of the all products, articles, goods, commodities, materials, and adjudicate cases; research institutions with final disposition, not of an interlocutory character, merchandise, utilities, services, as well as for commercial respect to licensing functions; government whether affirmative, negative, or injunctive in form, transactions like contracts, agreements, deeds and other legal corporations with respect to functions regulating of an agency in any matter, including licensing, rate instruments publicly and officially attested, and for all official private right, privileges, occupation or business; and fixing and granting of rights and privileges. documents. Only weights and measures of the metric system officials in the exercise of disciplinary power as (9) "Adjudication" means an agency process for the shall be officially sealed and licensed. provided by law. formulation of a final order. (2) "Rule" means any agency statement of general (10) "License" includes the whole or any part of any Section 30. Mandatory Nation-wide Use. - The metric system applicability that implements or interprets a law, fixes agency permit, certificate, passport, clearance, shall be fully adopted in all agricultural, commercial, and describes the procedures in, or practice approval, registration, charter, membership, statutory industrial, scientific and other sectors. Persons or entities requirements of, an agency, including its regulations. exemption or other form of permission, or regulation allowed under existing laws to use the English system or other The term includes memoranda or statements of the exercise of a right or privilege. standards and weights are given until the date to be fixed by concerning the internal administration or (11) "Licensing" includes agency process involving the the Metric System Board to adopt the metric system. management of an agency not affecting the rights of, grant, renewal, denial, revocation, suspension, or procedure available to, the public. annulment, withdrawal, limitation, amendment, (3) "Rate" means any charge to the public for a modification or conditioning of a license. Section 31. Legal Periods. - "Year" shall be understood to be service open to all and upon the same terms, (12) "Sanction" includes the whole or part of a twelve calendar months; "month" of thirty days, unless it including individual or joint rates, tolls, classifications, prohibition, limitation or other condition affecting the refers to a specific calendar month in which case it shall be or schedules thereof, as well as commutation, liberty of any person; the withholding of relief; the computed according to the number of days the specific month mileage, kilometerage and other special rates which imposition of penalty or fine; the destruction, taking, contains; "day," to a day of twenty-four hours; and "night," shall be imposed by law or regulation to be observed seizure or withholding of property; the assessment of from sunset to sunrise. and followed by any person. damages, reimbursement, restitution, compensation, (4) "Rule making" means an agency process for the cost, charges or fees; the revocation or suspension of BOOK VII formulation, amendment, or repeal of a rule. license; or the taking of other compulsory or ADMINISTRATIVE PROCEDURE (5) "Contested case" means any proceeding, including restrictive action. CHAPTER 1 licensing, in which the legal rights, duties or privileges (13) "Relief" includes the whole or part of any grant of GENERAL PROVISIONS asserted by specific parties as required by the money, assistance, license, authority, privilege, Constitution or by law are to be determined after exemption, exception, or remedy; recognition of any Section 1. Scope. - This Book shall be applicable to all agencies hearing. claim, right, immunity, privilege, exemption or as defined in the next succeeding section, except the (6) "Person" includes an individual, partnership, exception; or taking of any action upon the Congress, the Judiciary, the Constitutional Commissions, corporation, association, public or private application or petition of any person. military establishments in all matters relating exclusively to organization of any character other than an agency. (14) "Agency proceeding" means any agency process Armed Forces personnel, the Board of Pardons and Parole, (7) "Party" includes a person or agency named or with respect to rule-making, adjudication and and state universities and colleges. admitted as a party, or properly seeking and entitled licensing. 1. "Agency action" includes the whole or part of (1) The University of the Philippines Law Center may (3) In case of opposition, the rules on contested cases every agency rule, order, license, sanction, omit from the bulletin or the codification any rule if shall be observed. relief or its equivalent or denial thereof. its publication would be unduly cumbersome, expensive or otherwise inexpedient, but copies of CHAPTER 2 that rule shall be made available on application to the RULES AND REGULATIONS agency which adopted it, and the bulletin shall contain a notice stating the general subject matter of Section 3. Filing. - the omitted rule and new copies thereof may be (1) Every agency shall file with the University of the obtained. Philippines Law Center three (3) certified copies of (2) Every rule establishing an offense or defining an every rule adopted by it. Rules in force on the date of act which, pursuant to law, is punishable as a crime or effectivity of this Code which are not filed within subject to a penalty shall in all cases be published in three (3) months from that date shall not thereafter full text. be the basis of any sanction against any party or persons. (2) The records officer of the agency, or his equivalent Section 7. Distribution of Bulletin and Codified Rules. - The functionary, shall carry out the requirements of this University of the Philippines Law Center shall furnish one (1) section under pain of disciplinary action. free copy each of every issue of the bulletin and of the codified rules or supplements to the Office of the President, (3) A permanent register of all rules shall be kept by Congress, all appellate courts and the National Library. The the issuing agency and shall be open to public bulletin and the codified rules shall be made available free of inspection. charge to such public officers or agencies as the Congress may select, and to other persons at a price sufficient to cover Section 4. Effectivity. - In addition to other rule-making publication and mailing or distribution costs. requirements provided by law not inconsistent with this Book, each rule shall become effective fifteen (15) days from the Section 8. Judicial Notice. - The court shall take judicial notice date of filing as above provided unless a different date is fixed of the certified copy of each rule duly filed or as published in by law, or specified in the rule in cases of imminent danger to the bulletin or the codified rules. public health, safety and welfare, the existence of which must be expressed in a statement accompanying the rule. The agency shall take appropriate measures to make emergency Section 9. Public Participation. - rules known to persons who may be affected by them. (1) If not otherwise required by law, an agency shall, Section 5. Publication and Recording. - The University of the as far as practicable, publish or circulate notices of Philippines Law Center shall: proposed rules and afford interested parties the (1) Publish a quarter bulletin setting forth the text of opportunity to submit their views prior to the rules filed with it during the preceding quarter; and adoption of any rule. (2) Keep an up-to-date codification of all rules thus (2) In the fixing of rates, no rule or final order shall be published and remaining in effect, together with a valid unless the proposed rates shall have been complete index and appropriate tables. published in a newspaper of general circulation at least two (2) weeks before the first hearing thereon. Section 6. Omission of Some Rules. - LOCAL GOVERNMENT CODE include, but shall not be limited to, the or entity affected by any ordinance or resolution RA 7610 committees on appropriations, women and under consideration by the sanggunian of which he is CHAPTER III family, human rights, youth and sports a member, which relationship may result in conflict of Local Legislation development, environmental protection, and interest. Such relationship shall include: cooperatives; the general jurisdiction of each (1) Ownership of stock or capital, or committee; and the election of the chairman investment, in the entity or firm to which the Section 48. Local Legislative Power. - Local legislative power and members of each committee; ordinance or resolution may apply; and shall be exercised by the sangguniang panlalawigan for the (2) The order and calendar of business for (2) Contracts or agreements with any person province; the sangguniang panlungsod for the city; the each session; or entity which the ordinance or resolution sangguniang bayan for the municipality; and the sangguniang barangay for the barangay. (3) The legislative process; under consideration may affect. (4) The parliamentary procedures which In the absence of a specific constitutional or include the conduct of members during statutory provision applicable to this Section 49. Presiding Officer. - sessions; situation, "conflict of interest" refers in (a) The vice-governor shall be the presiding officer of general to one where it may be reasonably (5) The discipline of members for disorderly the sangguniang panlalawigan; the city vice-mayor, of deduced that a member of a sanggunian may behavior and absences without justifiable the sangguniang panlungsod; the municipal vice- not act in the public interest due to some cause for four (4) consecutive sessions, for mayor, of the sangguniang bayan; and the punong private, pecuniary, or other personal which they may be censured, reprimanded, or barangay, of the sangguniang barangay. The presiding considerations that may tend to affect his excluded from the session, suspended for not officer shall vote only to break a tie. judgment to the prejudice of the service or more than sixty (60) days, or expelled: (b) In the event of the inability of the regular Provided, That the penalty of suspension or the public. presiding officer to preside at a sanggunian session, expulsion shall require the concurrence of at (b) The disclosure required under this Act shall be the members present and constituting a quorum shall least two-thirds (2/3) vote of all the made in writing and submitted to the secretary of the elect from among themselves a temporary presiding sanggunian members: Provided, further, That sanggunian or the secretary of the committee of officer. He shall certify within ten (10) days from the a member convicted by final judgment to which he is a member. The disclosure shall, in all passage of ordinances enacted and resolutions imprisonment of at least one (1) year for any cases, form part of the record of the proceedings and adopted by the sanggunian in the session over which crime involving moral turpitude shall be shall be made in the following manner: he temporarily presided. automatically expelled from the sanggunian; (1) Disclosure shall be made before the and member participates in the deliberations on Section 50. Internal Rules of Procedure. - (6) Such other rules as the sanggunian may the ordinance or resolution under (a) On the first regular session following the election adopt.lawphil™ consideration: Provided, That, if the member of its members and within ninety (90) days thereafter, did not participate during the deliberations, the sanggunian concerned shall adopt or update its Section 51. Full Disclosure of Financial and Business Interests the disclosure shall be made before voting on existing rules of procedure. of Sanggunian Members. - the ordinance or resolution on second and (b) The rules of procedure shall provided for the third readings; and (a) Every sanggunian member shall, upon assumption following: to office, make a full disclosure of his business and (2) Disclosure shall be made when a member (1) The organization of the sanggunian and financial interests, or professional relationship or any takes a position or makes a privilege speech the election of its officers as well as the relation by affinity or consanguinity within the fourth on a matter that may affect the business creation of standing committees which shall civil degree, which he may have with any person, firm, interest, financial connection, or professional relationship described herein. Section 52. Sessions. - roll of the members and thereafter announce the ordinance shall be deemed approved as if he had (a) On the first day of the session immediately results. signed it. following the election of its members, the sanggunian (b) Where there is no quorum, the presiding officer (c) Ordinances enacted by the sangguniang barangay shall, by resolution, fix the day, time, and place of its may declare a recess until such time as a quorum is shall, upon approval by the majority of all its regular sessions. The minimum numbers of regular constituted, or a majority of the members present members, be signed by the punong barangay. sessions shall be once a week for the sangguniang may adjourn from day to day and may compel the panlalawigan, sangguniang panlungsod, and immediate attendance of any member absent without Section 55. Veto Power of the Local Chief Executive. - sangguniang bayan, and twice a month for the justifiable cause by designating a member of the (a) The local chief executive may veto any ordinance sangguniang barangay. sanggunian to be assisted by a member or members of the sanggunian panlalawigan, sangguniang (b) When public interest so demands, special sessions of the police force assigned in the territorial panlungsod, or sanggunian bayan on the ground that may be called by the local chief executive or by a jurisdiction of the local government unit concerned, it is ultra vires or prejudicial to the public welfare, majority of the members of the sanggunian. to arrest the absent member and present him at the stating his reasons therefor in writing. (c) All sanggunian sessions shall be open to the public session. (b) The local chief executive, except the punong unless a closed-door session is ordered by an (c) If there is still no quorum despite the enforcement barangay, shall have the power to veto any particular affirmative vote of a majority of the members of the immediately preceding subsection, no business item or items of an appropriations ordinance, an present, there being a quorum, in the public interest shall be transacted. The presiding officer, upon proper ordinance or resolution adopting a local development or for reasons of security, decency, or morality. No motion duly approved by the members present, shall plan and public investment program, or an ordinance two (2) sessions, regular or special, may be held in a then declare the session adjourned for lack of directing the payment of money or creating liability. single day. quorum. In such a case, the veto shall not affect the item or (d) In the case of special sessions of the sanggunian, a items which are not objected to. The vetoed item or written notice to the members shall be served Section 54. Approval of Ordinances. - items shall not take effect unless the sanggunian personally at the member's usual place of residence (a) Every ordinance enacted by the sangguniang overrides the veto in the manner herein provided; at least twenty-four (24) hours before the special panlalawigan, sangguniang panlungsod, or otherwise, the item or items in the appropriations session is held. sangguniang bayan shall be presented to the ordinance of the previous year corresponding to Unless otherwise concurred in by two-thirds (2/3) provincial governor or city or municipal mayor, as the those vetoed, if any, shall be deemed reenacted. vote of the sanggunian members present, there being case may be. If the local chief executive concerned (c) The local chief executive may veto an ordinance or a quorum, no other matters may be considered at a approves the same, he shall affix his signature on resolution only once. The sanggunian may override special session except those stated in the notice. each and every page thereof; otherwise, he shall veto the veto of the local chief executive concerned by (e) Each sanggunian shall keep a journal and record of it and return the same with his objections to the two-thirds (2/3) vote of all its members, thereby its proceedings which may be published upon sanggunian, which may proceed to reconsider the making the ordinance effective even without the resolution of the sanggunian concerned. same. The sanggunian concerned may override the approval of the local chief executive concerned. veto of the local chief executive by two-thirds (2/3) vote of all its members, thereby making the ordinance Section 53. Quorum. - Section 56. Review of Component City and Municipal or resolution effective for all legal intents and (a) A majority of all the members of the sanggunian Ordinances or Resolutions by the Sangguniang Panlalawigan. purposes. who have been elected and qualified shall constitute (a) Within three (3) days after approval, the secretary (b) The veto shall be communicated by the local chief a quorum to transact official business. Should a to the sanggunian panlungsod or sangguniang bayan executive concerned to the sanggunian within fifteen question of quorum be raised during a session, the shall forward to the sangguniang panlalawigan for (15) days in the case of a province, and ten (10) days presiding officer shall immediately proceed to call the review, copies of approved ordinances and the in the case of a city or a municipality; otherwise, the resolutions approving the local development plans barangay ordinances within thirty (30) days from The text of the ordinance or resolution shall be and public investment programs formulated by the receipt thereof, the same shall be deemed approved. disseminated and posted in Filipino or English and in local development councils. (c) If the sangguniang panlungsod or sangguniang the language understood by the majority of the (b) Within thirty (30) days after the receipt of copies bayan, as the case may be, finds the barangay people in the local government unit concerned, and of such ordinances and resolutions, the sangguniang ordinances inconsistent with law or city or municipal the secretary to the sanggunian shall record such fact panlalawigan shall examine the documents or ordinances, the sanggunian concerned shall, within in a book kept for the purpose, stating the dates of transmit them to the provincial attorney, or if there thirty (30) days from receipt thereof, return the same approval and posting. be none, to the provincial prosecutor for prompt with its comments and recommendations to the (c) The gist of all ordinances with penal sanctions shall examination. The provincial attorney or provincial sangguniang barangay concerned for adjustment, be published in a newspaper of general circulation prosecutor shall, within a period of ten (10) days from amendment, or modification; in which case, the within the province where the local legislative body receipt of the documents, inform the sangguniang effectivity of the barangay ordinance is suspended concerned belongs. In the absence of any newspaper panlalawigan in writing of his comments or until such time as the revision called for is effected. of general circulation within the province, posting of recommendations, which may be considered by the such ordinances shall be made in all municipalities sangguniang panlalawigan in making its decision. Section 58. Enforcement of Disapproved Ordinances or and cities of the province where the sanggunian of (c) If the sangguniang panlalawigan finds that such an Resolutions. - Any attempt to enforce any ordinance or any origin is situated. ordinance or resolution is beyond the power resolution approving the local development plan and public (d) In the case of highly urbanized and independent conferred upon the sangguniang panlungsod or investment program, after the disapproval thereof, shall be component cities, the main features of the ordinance sangguniang bayan concerned, it shall declare such sufficient ground for the suspension or dismissal of the official or resolution duly enacted or adopted shall, in ordinance or resolution invalid in whole or in part. or employee concerned. addition to being posted, be published once in a local The sangguniang panlalawigan shall enter its action in newspaper of general circulation within the city: the minutes and shall advise the corresponding city or Provided, That in the absence thereof the ordinance Section 59. Effectivity of Ordinances or Resolutions. - municipal authorities of the action it has taken. or resolution shall be published in any newspaper of (a) Unless otherwise stated in the ordinance or the general circulation. (d) If no action has been taken by the sangguniang resolution approving the local development plan and panlalawigan within thirty (30) days after submission public investment program, the same shall take effect of such an ordinance or resolution, the same shall be after ten (10) days from the date a copy thereof is presumed consistent with law and therefore valid. posted in a bulletin board at the entrance of the provincial capitol or city, municipal, or barangay hall, Section 57. Review of Barangay Ordinances by the as the case may be, and in at least two (2) other Sangguniang Panlungsod or Sangguniang Bayan. - conspicuous places in the local government unit (a) Within ten (10) days after its enactment, the concerned. sangguniang barangay shall furnish copies of all (b) The secretary to the sanggunian concerned shall barangay ordinances to the sangguniang panlungsod cause the posting of an ordinance or resolution in the or sangguniang bayan concerned for review as to bulletin board at the entrance of the provincial capitol whether the ordinance is consistent with law and city and the city, municipal, or barangay hall in at least or municipal ordinances. two (2) conspicuous places in the local government (b) If the sangguniang panlungsod or sangguniang unit concerned not later than five (5) days after bayan, as the case may be, fails to take action on approval thereof.