SALIENT PROVISIONS OF THE

BANGSAMORO LOCAL
GOVERNANCE CODE
 BOOK I
GENERAL PROVISIONS
 Title of the Code
– BANGSAMORO LOCAL GOVERNANCE CODE
– As this government is pushing for moral governance, the term
“Government” is replaced with “Governance” because one of the
principles of moral governance is “consultation rather than dictation.”
– Governance emphasizes citizen participation and citizen participation
assumes continuing political education and community action.
– Further, governance means inclusivity rather than exclusivity,
association rather than isolation, and accommodation rather than
marginalization.
 DECLARATION OF POLICY
• Section 2(d). - Finally, the mandatory public consultations required for the
implementation of all programs and projects funded by the National Government
in the constituent local government units of the BARMM shall be governed by
policies that may be enacted by the Bangsamoro Government as may be agreed
by the Intergovernmental Relations Body, in accordance with Republic Act No.
11054, otherwise known as the Organic Law for the Bangsamoro Autonomous
Region in Muslim Mindanao. (NEW)

ØBASIS: Article VI of the OLBARMM on Intergovernmental Relations

Mechanism requires that the implementation of projects and programs
funded by the National Government shall be subject to agreement
between the National Government and the Bangsamoro Government.
 DEVOLUTION
• Devolution refers to the act by which the Bangsamoro Government
confers power and authority upon the constituent local government
units to perform specific functions and responsibilities.
• Section 17. Basic Services and Facilities - (e) Ministries or regional
offices concerned shall gradually devolve to local government units the
responsibility for the provision of basic services and facilities enumerated
in this Section, seven (7) years after the effectivity of this Code, subject to
the guidelines in the implementation of the process of devolution as a
result of the comprehensive assessment on the financial viability and
technical capacity of the local government units, to be conducted by an
inter-agency committee on devolution. The members of the committee
shall be representatives from the Ministry of Health, Ministry of Agriculture,
Fisheries and Agrarian Reform and the Ministry of Social Services and
Development. The Ministry of the Interior and Local Government shall sit
as the Chairman of the said inter-agency committee. (NEW)
 DEVOLUTION
• Section 17(f). - The Cities of Marawi, Cotabato and Lamitan and the
Province of Basilan including its municipalities shall continue to enjoy their
full devolution status. This is without prejudice to the power of the
Bangsamoro Government to set up its offices in the said local government
units for purposes of delivering its services. (NEW)
• Section 17(i). - Upon the effectivity of this Code, the Bangsamoro
Government shall continue to provide for the compensation of the heads
in the agriculture, health, and social welfare offices of the constituent local
government units. On the other hand, these local government units shall
appoint and provide for the compensation of supporting personnel or
other employees in the said offices. The local government units shall also
allocate resources for the local programs and projects in their agriculture,
health, and social welfare offices. (NEW)
 DEVOLUTION
• Section 17(j). - The gradual devolution contemplated in this Code shall
include the transfer to local government units of the records, equipment, and
other assets and personnel of agencies and offices corresponding to the
devolved powers, functions, and responsibilities. The concerned Ministries or
regional offices of the Bangsamoro Government shall continue to provide
technical and financial assistance to all local government units to ensure
quality standards of services. Personnel of said Ministries or regional offices
shall be absorbed by the local government units to which they belong or in
whose areas they are assigned to the extent that it is administratively viable
as determined by a committee to be established for the purpose: Provided,
that the non-diminution of the rights and privileges accorded to such
personnel pursuant to civil service law, rules and regulations shall not be
impaired: Provided further, that the affected agencies shall review their
mandates and functions, and re-organized their structures accordingly. (NEW)
 DEVOLUTION
• REASON - In RA 7160 and MMA 25, the basic services on health,
agriculture, and social services as enumerated in paragraph b of this
Section have already been devolved to the LGUs. However, that has
not been the set-up. The Regional Government has been delivering
these services to the LGUs, and the regular funds, primarily the IRA
goes somewhere else. As much as we would like to help them attain
local autonomy, and as much as we need to trigger them in spending
their IRAs for basic services in their localities, the results of the
consultations and meetings with the different stakeholders, and even
the research studies conducted prove that most of these constituent
LGUs are not financially viable and technically capable for devolution
of basic services, hence the gradual devolution.
 POWER OF SUPERVISION AND
REGULATION
Section 25. Regional Supervision and Regulation over Local Government
Units
(a). - Consistent with the basic policy on regional autonomy, the Chief Minister shall
exercise general supervision over its constituent local government units to ensure
that their acts are within the scope of their prescribed powers and functions, without
prejudice to the authority of the Chief Minister to regulate the affairs of its constituent
local government units, as guaranteed by the Republic Act No. 11054. The Chief
Minister shall exercise supervisory and regulatory authority directly over provinces,
highly urbanized cities, and independent component cities; through the province
with respect to component cities and municipalities; and through the city and
municipality with respect to Barangays.
The authority of the Chief Minister to supervise and regulate the affairs of the
constituent local government units shall be exclusive. The implementation of all
national policies and standards concerning the constituent local government units
shall be agreed between the National Government and the Bangsamoro
Government, as may be provided in the Intergovernmental Relations Mechanism.
(ENHANCED)
 POWER OF SUPERVISION AND
REGULATION
Ø BASIS: Sec. 10 of Article VI of the OLBARMM
guarantees the authority of the BG to regulate the
affairs of its constituent LGUs. The main guiding
principle is to strengthen the power of supervision of the
BG, through the MILG, and exercise its regulatory
power only when necessary and as applicable.

ØTo avoid double supervision by the MILG and DILG

National
 QUALIFICATIONS AND DISQUALIFICATIONS
OF ELECTIVE OFFICIALS
• Section 39. Qualifications (a). - An elective local official must be a citizen
of the Philippines; a registered voter in the barangay, municipality, city, or
province or, in the case of a member of the Sangguniang Panlalawigan,
Sangguniang Panlungsod, or Sanggunian bayan, the district where he
intends to be elected; a resident therein for at least one (1) year
immediately preceding the day of the election; and at least in the College
level for provincial, city, and municipal officials, at least in the junior high
school level for barangay officials and the sangguniang kabataan
chairman, and at least in the elementary level for sangguniang kabataan
members. (AMENDED)
 QUALIFICATIONS
ØREASON: This is rather a radical attempt that may be
subject to constitutional challenges. However, since Sec.
2, Article X of the Constitution allows the Congress to
enact a LGC which shall provide for, among others, the
qualification, etc. of local officials, then we deemed it an
opportunity, in the advent of the OLBARMM, mandating
the Bangsamoro Government to create its own BLGC,
to include a qualification on the educational attainment
of elective local officials.
 DISQUALIFICATIONS
• Section 40(g). - Those who are related within the second civil
degree of consanguinity or affinity to any incumbent local official
running for an elective position are disqualified to be candidates
for: (i) any provincial elective position in the same province; (ii)
any city elective position in the same city; (iii) any municipal
elective position in the same municipality; and (iv) any barangay
elective position in the same barangay;(NEW)

Ø REASON: This ground aims to curtail political dynasty in the Bangsamoro

Autonomous Region.
 DISQUALIFICATIONS
• Section 40. Disqualifications - (h) Those elected local officials
in areas outside the Bangsamoro Autonomous Region, who
seeks to be elected in the BARMM in the upcoming next local
elections; (NEW)
• Section 40(i). - Those incumbent officials who seek to run for
an office holding a position lower than his/ her current position;
(NEW)

Ø REASON: This is to prevent circumvention of the law on the term of office of

elective local officials, which shall be no more than three consecutive terms as
provided in Sec. 8, Article X, 1987 Philippine Constitution.
 SUCCESSION AND VACANCIES
Section 48. Temporary Vacancy Due to Failure of Elections - (a) In case of
vacancy due to failure of elections in a province, city, or municipality before noon of
June 30 of the election year, the Chief Minister shall appoint a local official in an
acting capacity until a qualified duly elected official shall have been proclaimed and
assumed office;
(b) In the case of barangay officials, the Minister of the Ministry of the Interior
and Local Government shall appoint an acting official until a qualified duly elected
one shall have been proclaimed and assumed office;
(c) A selection committee composed of traditional and religious leaders, and MILG
field officers assigned in the concerned locality shall assist the Chief Minister or
the Minister of the Ministry of the Interior and Local Government, as the case
may be, in determining the most qualified applicants acceptable to the
constituents of the concerned locality. (NEW)
THIS IS TO PREVENT THE UNETHICAL PRACTICE OF LOCAL OFFICIALS IN
CIRCUMVENTING THE RULE ON HOLD-OVER.
 CONCURRENT DISCIPLINARY POWER
Section 55. Quorum
(d) - Sanggunian members who fail to attend four (4) consecutive regular or
special sessions, without justifiable reason shall, after due process, be
preventively suspended for a period not exceeding ninety (90) days without
pay, upon filing of a complaint by the concerned Sanggunian or any
concerned citizen to the Ministry of the Interior and Local Government,
whose decision shall take effect immediately. (NEW)

Ø REASON: Strengthening the power of supervision exercised through

the MILG including imposing administrative sanctions to ensure that
within the level of regional autonomy minor lapses committed at the
constituent local government units are resolved. The people are
provided with another option of filing complaints against local chief
executives directly to MILG aside from filing in the Sanggunian and
Ombudsman only.
 DISCIPLINARY ACTIONS
Section 62. Grounds for Disciplinary Actions. – An elective local official may be
disciplined, suspended or removed from office on any of the following grounds:
(a) Disloyalty to the Republic of the Philippines;
(b) Culpable violation of the Constitution;
(c) Dishonesty, oppression, misconduct in office, gross negligence and dereliction of
duty;
(d) Commission of any offense involving moral turpitude or an offense punishable by at
least prision mayor;
(e) Abuse of authority;
(f) Unauthorized absence for fifteen (15) consecutive working days, except in the case
of members of the Sangguniang Panlalawigan, Sangguniang Panlungsod,
Sangguniang bayan, and Sangguniang Barangay;
(g) Application for, or acquisition of foreign citizenship or residence or the status of an
immigrant in another country;
(h) Such other grounds as may be provided in this Code and other laws. An elective
local official may be removed from office on the grounds enumerated above by order
of the proper court.
 DISCIPLINARY ACTIONS
Section 63. Form and Filing of Administrative
Complaints
(d) - The Office of the Chief Minister, through the Ministry of
Interior and Local Government, regardless of respondent
local elective official, to the exclusion of the concerned
constituent local government unit, when there is reasonable
ground that a fair and just resolution may be obtained only
through direct filing of the complaint in the Region. (NEW)
 BOOK II
TAXATION AND FISCAL MATTER
 Local Economic Development
Section 133. – To achieve equity, social justice, and economic development,
the local government units shall encourage and support the building up of
entrepreneurial capability within their territorial jurisdiction and shall
recognize, promote, protect, and support the development of cooperatives,
economic enterprises, and other medium, small, and micro enterprises. The
local government units shall adopt and implement local economic
development plans, policies and programs that will increase local revenues,
improve the purchasing capacity of its constituents and promote social,
cultural, and environmental impact. For this purpose, the local government
units shall continue to maintain the economic base profile, strengthen
partnership relations, embrace measures that will attract potential investors
for the utilization of local resources, enact or revisit their existing local
economic policies that will cope with the current and future demand. (NEW)
Local Economic Development
ØREASON: To recognize economic enterprises as a source of
revenue other than the Internal Revenue Allotment and direct
the local government units to incorporate it in their local
economic policies.
 TAX MAPPING and CAMPAIGN
Section 134. - To ensure compliance to the local revenue ordinances, the
local government units shall conduct regular inspections on business
establishments within their territorial jurisdiction to verify their registration,
invoicing, and bookkeeping requirements. For this purpose, the local
government units shall develop a tax mapping system, including an
information system for real property taxes, that will map every business in the
locality, verify registration, track payments and provide capacity building to
personnel involved in taxation in order improve system of collection of
revenues.
There shall be a regular tax information campaign about tax
ordinances enacted by the Sanggunian concerned to continue educating the
local constituents on the importance of paying taxes as an obligation and
how it will contribute to the betterment of the community. Moreover, there
shall be an information and education materials that is readily available and
accessible within the premises of the local government units. (NEW)
TAX MAPPING and CAMPAIGN
ØREASON: To direct the local government units in establishing
a tax mapping system for effective enforcement and
dissemination of their taxing powers.
 EASE OF DOING BUSINESS
Section 135.– The local government units shall streamline their
respective business processes which includes process reengineering,
automation or computerization, customer relations and
institutionalization of systems, to promote integrity, accountability,
proper management of public affairs and public property in the
government.
In implementing this provision, the local government units shall
establish a Business One Stop Shop and adopt a simplified
requirement and procedures that will reduce red tape and expedite
business and nonbusiness related transactions in the government. It
shall develop a standardized business permit and licensing system that
can be used by its constituents. (NEW)
ØREASON: Incorporated the ARTA and Ease of Doing Business Law.
 TAX ON SAND, GRAVEL AND OTHER QUARRY RESOURCES

Section 144.– The province may levy and collect not more than ten percent
(10%) of fair market value in the locality per cubic meter of ordinary stones, sand,
gravel, earth, and other quarry resources, as defined under the National Internal
Revenue Code, as amended, extracted from public lands or from the beds of
seas, lakes, rivers, streams, creeks, and other public waters within its territorial
jurisdiction.
The imposition and issuance of permit to extract sand, gravel and other
quarry resources covering an area of not more than five (5) hectares shall be
issued exclusively by the provincial governor upon the recommendation of the
city or municipal mayor where the resources will be extracted and pursuant to an
ordinance of the Sangguniang Panlalawigan. The term of the permit is for a
period of five (5) year from the date of issuance thereof, renewable for like
periods but not to exceed a total term of twenty-five (25) years.
 TAX ON SAND, GRAVEL AND OTHER QUARRY RESOURCES

For extraction, removal and disposal of quarry resources covering an area more
than (5) hectares but not to exceed twenty (20) hectares at any one time for a term of five
(5) years from the issuance thereof, renewable for like period but not to exceed a total term
of twenty-five (25) years, the permit shall be issued by the of Ministry of Environment,
Natural Resources and Energy and the tax be imposed by the Bangsamoro Government.
The proceeds of the tax on sand, gravel and other quarry resources shall be
distributed as follows:
(1) Thirty percent (30%) to the Bangsamoro Government; and
(2) Seventy percent (70%) to the local government units where the sand gravel, and
other quarry resources are extracted, which shall be further divided as follows:
i. Thirty percent (30%) to the province;
ii. Thirty percent (30%) to the component city or municipality; and
iii. Forty percent (40%) to the barangay. (AMENDED)
ØREASON: Reconcile the conflicting provisions of RA 7160 and RA
11054 where the local government units and Bangsamoro
Government may impose not more that 10% tax on sand, gravel and
other quarry resources which would result to 20% tax if both are
imposed.
ØProposal is based on the size of the area where the quarrying will be
done. If 5 hectares or less, the imposition will be done by the LGU.
Otherwise, the Bangsamoro Government shall impose tax.

ØArticle XII, RA 11054 – Sources of Revenue

 INCREASE IN LOCAL TAXES
INCREASE IN TAX IMPOSED BY LGUS RA 7160 BLGC

SECTION 144. Professional Tax 300.00 1,300.00

SECTION 146. Annual Fixed Tax for Every Delivery Truck or Van of 500.00 2,200.00
Manufacturers or Producers, Wholesalers of, Dealers, or Retailers in,
Certain Products.
SECTION 152. Fees for Sealing and Licensing of Weights and Measures 200.00 1,000.00

SECTION 156. Scope of Taxing Powers (Barangays in Cities and 50,000.00 80,000.00
Municpalities) 30,000.00 50,000.00

SECTION 161. Individuals Liable to Community Tax 5.00 20.00

SECTION 162. Juridical Persons Liable to Community Tax 500.00 2,000.00

 MANDANAS RULING
Section 289.– The local government units shall have a Forty Percent (40%) share in
all national taxes based on the collection of the third fiscal year preceding the
current fiscal year. Provided further, that in the event that the national government
incurs an unmanageable public sector deficit, the President is authorized, upon the
recommendation of Secretary of Finance, Secretary of Interior and Local
Government, and Secretary of Budget and Management, and subject to consultation
with the presiding officers of both Houses of Congress and the presidents of the
“Liga”, to make necessary adjustment in the internal revenue allotment of local
government units but in no case shall the allotment be less than thirty percent (30%)
of the collection of national taxes of the third fiscal year preceding current fiscal year:
Provided further, the allotment for years 2020 to 2021 shall be based on national
internal revenues taxes: Provided finally, That the internal revenue allotment shall
include the cost of devolved functions for essential public services. (AMENDED)

Ø BASIS: Per Supreme Court ruling in Mandanas Case (GR No. 199802; July 3, 2018),
computation of the internal revenue allotment should not only be limited to the collections of
Bureau of Internal Revenue but also include all of forms of national tax collection like that of
Bureau of Customs. Moreover, the ruling provides that the new computation should be
applied in Fiscal Year 2022.
 GENDER AND DEVELOPMENT
Section 293. - Each local government unit shall ensure that at least five
percent (5%) of its Annual Budget correspond to activities supporting Gender
and Development programs, policies and projects and shall endeavor to
influence that remaining ninety-five (95%) of the budget towards gender
responsiveness. It shall submit a Gender and Development Plan and Budget
to the Ministry of the Interior and Local Government for review and
endorsement and be returned to the local government units for integration in
the Annual Investment Plan and funding. (NEW)

Ø BASIS: Requirements of Magna Carta for Women and Section 5, Article XII,
RA 11054
SHARE IN EXPLORATION, DEVELOPMENT
AND UTILIZATION OF NATURAL
RESOURCES
SECTION 295.– The share of the constituent local government units in the
share of the Bangsamoro Government in the revenues generated from the
exploration, development, and utilization of all natural resources in the
Bangsamoro Autonomous Region, including mines and minerals, uranium and
fossil fuels, in accordance with Section 35, Article XII of Republic Act No.
11054, is apportioned as follows: (AMENDED)
a. Twenty percent (20%) to the provinces;
b. Fifteen percent (15%) to the cities;
b. Twenty percent (20%) to the municipalities;
c. Fifteen (15%) to the barangays;
 Share of Indigenous Communities
SECTION 296.– Indigenous peoples and communities shall have an equitable
share of the revenues generated from the exploration, development, and
utilization of natural resources that are found within the territories covered by
a native, traditional, or customary title in their favor, by way of direct benefits.
The share shall not be more than ten percent (10%) of the revenues
generated and shall be directly given by the Bangsamoro Government to the
communities. Provided, That the rights and privileges granted to indigenous
peoples by Republic Act No. 8371 and other laws pertaining to indigenous
peoples shall not be diminished. (NEW)

Ø BASIS: Section 36, Article XII, Fiscal Autonomy of RA

11054
 SHARE IN TAXES, FEES, AND CHARGES
COLLECTED IN THE BANGSAMORO
AUTONOMOUS REGION
SECTION 297. The constituent local government units shall have a (50%) share in the share
of the Bangsamoro Government from the taxes, fees, and charges collected in the
Bangsamoro territorial jurisdiction by the National Government, to be distributed as follows:
a. Fifteen Percent (15%) to the provinces;
b. Fifteen Percent (15%) to the cities; or
c. Fifty Percent (50%) to the city or municipalities; and
d. Twenty Percent (20%) to the barangays. (NEW)

Ø BASIS: Section 10, Article XII, RA 11054 – Sharing of Taxes Collected by the National
Government. The team recommends that the 75% share of the Bangsamoro
Government be divided equally with the local government units and that 50% of that
share be allotted to the municipalities due to their substantial number in BARMM and
they provide more basic services to the constituents.
 BUDGETARY POWER OF THE
BANGSAMORO GOVERNMENT
SECTION 360. – Until a manual is issued by the Ministry of Finance, and
Budget and Management for local government units of Bangsamoro
Autonomous Region, the Budget Operations Manual promulgated by the
Department of Budget and Management shall govern to improve and
systematize methods, techniques, and procedures employed in budget
preparation, authorization, execution, and accountability. (NEW)

Ø REASON: The team recommends that a manual may be issued by MFBM

for the constituent local government units of BARMM to ensure that it is
consistent and in line with the objectives of the Bangsamoro Government.
 GOVERNMENT PROCUREMENT
Section 363(a). - “Competitive Bidding” Refers to a method of procurement which is
open to participation by any interested party and which consists of the following
processes: advertisement, pre-bid conference, eligibility screening of prospective
bidders, receipt and opening of bids, evaluation of bids, post-qualification, and award
of contract; (AMENDED)

Section 363(b). - “Goods” refer to all items, supplies, materials and general support
services, except Consulting Services and infrastructure projects, which may be
needed in the transaction of public businesses or in the pursuit of any government
undertaking, project or activity, whether in the nature of equipment, furniture,
stationery, materials for construction, or personal property of any kind, including non-
personal or contractual services, such as, the repair and maintenance of equipment
and furniture, as well as trucking, hauling, janitorial, security, and related or
analogous services, as well as procurement of materials and supplies provided by
the Procuring Entity for such services. The term “related” or “analogous services”
shall include, but is not limited to, lease of office space, media advertisements,
health maintenance services, and other services essential to the operation of the
Procuring Entity; (AMENDED)
 GOVERNMENT PROCUREMENT
Section 363(e). - “Procurement” refers to the acquisition of goods, consulting
services, and the contracting for infrastructure projects by the Procuring Entity.
Procurement shall also include the lease of goods and real estate. With
respect to real property, its procurement shall be governed by the provisions
of Republic Act No. 10752 and other applicable laws, rules and regulations;
and (AMENDED)
 GOVERNMENT PROCUREMENT
Section 370.– There shall be in every province, city or municipality a Bids
and Awards Committee to ensure that the winning bids and questions of
awards on procurement and disposal of property are in accordance with this
Code. The Local Government Units shall be considered as the Procuring
Entity and shall act through the Head of the Procuring Entity.
The Head of the Procuring Entity in local government units shall be the
Local Chief Executive who shall be the Governor (for Provinces) or the Mayor
(for Cities and Municipalities). All procurement activities of the local
government units require the approval of the Head of the Procuring Entity.
The Bids and Awards Committee shall consist of at least five (5)
members and shall not exceed seven (7) and all should be personnel
occupying plantilla positions of the local government concerned. The Local
Chief Executive shall designate the members and be composed of the
following:
 GOVERNMENT PROCUREMENT
i. One representative each from the regular offices under the Office of the
Local Chief Executive such as, but not limited to, the following: Office of the
Administrator, Budget Office, Legal Office, Engineering Office, General
Services Offices; and
ii. A representative from the end-user unit

The Chairperson and Vice-Chairperson shall be designated by the Local

Chief Executive. The Chairperson of the Bids and Awards Committee shall be at
least a third (3rd) ranking permanent official of the Procuring Entity. In case of
provinces, cities and municipalities, the head of any of the regular offices under the
Office of the Local Chief Executive shall be considered third (3rd) ranking permanent
employee. The first (1st) ranking official shall be the Mayor or the Governor, while the
second (2nd) ranking permanent official shall be the Vice-Governor or Vice-Mayor.
(AMENDED)
 GOVERNMENT PROCUREMENT
Section 371.- The Bids and Awards Committee members shall be designated
for a term of one (1) year only, reckoned from the date of designation.
However, the LCE may renew or terminate such designation at his discretion.
The designation of the Bids and Awards Committee members is within
the exclusive prerogative and discretion of the Local Chief Executive and they
may be removed from such designation for justifiable causes. In case of
resignation, retirement, separation, transfer, re-assignment, or removal of a
Bids and Awards Committee member, the Local Chief Executive shall
designate a replacement that has similar qualifications as the official replaced.
The replacement shall serve for the unexpired term. In case of leave or
suspension, the replacement shall serve only for the duration of the leave or
suspension.
Upon expiration of the terms of the current members, they shall
continue to exercise their functions until new Bids and Awards Committee
members are designated. (AMENDED)
 GOVERNMENT PROCUREMENT
Section 372. - The following officials are disqualified from membership in the
BAC:
a. LCE and other elective officials of the province/city/municipality;
b. Official who approves procurement contracts;
c. Chief Accountant or Head of the Provincial/City/Municipal Accounting
Office and his/her staff, unless the Accounting Department is the end- user
unit, in which case the Chief Accountant, Head of the Accounting Department
or his/her staff may be designated as an end-user member. (AMENDED)
 GOVERNMENT PROCUREMENT
SECTION 373. Quorum - The simple majority (one-half of membership plus one) of
the BAC members shall constitute a quorum, provided that the Chairperson or the
Vice- Chairperson should be present in all meetings and deliberations.
Physical presence of the Chairperson or the Vice Chairperson is necessary
for the BAC to conduct its business. The Chairperson or, in his absence, the Vice-
Chairperson shall preside over the meetings. The Chairperson or the Vice-
Chairperson, acting as the Presiding Officer shall vote only in case of a tie.
Presence of alternate Bids and Awards Committee members in meetings are
considered for purposes of quorum. On the other hand, representatives of Bids and
Awards Committee members shall be allowed to sit and listen during meetings but
they shall not be considered for purposes of quorum
All Bids and Awards Committee decisions should be embodied in resolutions
duly signed by at least a majority of the members and the Chairperson or Vice-
Chairperson thereof, as the case may be. (AMENDED)
 GOVERNMENT PROCUREMENT
SECTION 374. BAC Secretariat. - The Head of Procuring Entity shall create a
Secretariat which will serve as the main support unit of the Bids and Awards
Committee. An existing organic office within the Procuring Entity may also be
designated to serve as Secretariat. (AMENDED)
SECTION 375. Technical Work Group - The Bids and Awards Committee may
create a TWG from a pool of technical, financial and/or legal experts to assist in the
procurement process, particularly in the eligibility screening, evaluation of bids and
post-qualification. (AMENDED)
SECTION 376. Observers. - To enhance the transparency of the process, the Bids
and Awards Committee shall, during the eligibility checking, shortlisting, pre-bid
conference, preliminary examination of bids, bid evaluation, and post-qualification,
invite, in addition to the representative of the Commission On Audit, at least two (2)
observers, who shall not have the right to vote, to sit in its proceedings where:
i. At least one (1) shall come from a duly recognized private group in a sector
or discipline relevant to the procurement at hand, such as the Philippine Chamber of
Commerce and Industry;
ii. The other observer shall come from an accredited Civil Society
Organization. (AMENDED)
 GOVERNMENT PROCUREMENT
SECTION 395. Implementing Rules and Regulations. - The implementation
of the provisions of this Title, including requirements as to testing, inspection,
and standardization of supply and property shall be in accordance with the
rules and regulations promulgated by the Commission on Audit and
Government Procurement and Policy Board of the Department of Budget and
Management. (AMENDED)

Ø BASIS : RA 9184 and its IRR has amended the provisions of

government procurement for LGUs.
 BOOK III
BANGSAMORO CONSTITUENT
UNITS
 CREATION OF BARANGAY and MUNICIPALITIES
Section 397. Manner of Creation.- A barangay may be created, divided, merged,
abolished, or its boundary substantially altered in accordance with the law enacted by
the Sangguniang Panlalawigan, Sangguniang Panlungsod or Bangsamoro Parliament,
subject to approval by a majority of the votes cast in a plebiscite to be conducted by the
COMELEC in the directly affected local government unit or units within such period as
may be determined by law or ordinance creating said barangay. (AMENDED)
Section 398 Requisites for Creation. (c). - There shall be a commitment to
donate a lot area of not less than one hectares for the construction of a
permanent government center like the barangay hall, health center, daycare
center, health center, multi-purpose hall and similar others. The copy of intent to
donate shall be attached to the petition for creation of barangay, municipality or
province and copy furnished to the Ministry of the Interior and Local
Government. (NEW)
 CREATION OF BARANGAY and MUNICIPALITIES
Section 454. Manner of Creation.- A municipality may be created, divided, merged, abolished, or its
boundary substantially altered by an act of congress or the Parliament and subject to the approval by
a majority of the votes cast in a plebiscite to be conducted by the COMELEC in the local government
unit or units directly affected. Provided, that the criteria laid down in RA 7160 shall be satisfied., the
plebiscite shall be held within one hundred twenty (120) days from the date of its effectivity.
(AMENDED)

Ø BASIS: Section 10(2), Article 6 of RA 11054, Par. 2. The parliament

was empowered to create municipality

SECTION 455 (last par.) Requisites for Creation. There shall be a commitment to donate a lot area of not
less than three hectares for the construction of a permanent government center like the municipal hall,
health center, health center, multi-purpose hall and similar others. The copy of intent to donate shall be
attached to the petition for creation of municipality or province and copy furnished to the Ministry of Interior
and Local Government; (NEW)

Ø REASON: To avoid unnecessary transfer of barangay halls whenever new

officials are elected which prevalent in the Bangsamoro Autonomous
Region.
 BASIC SERVICES
(Under Sec. 17)
• The list of basic services of the provincial, city, municipality
and barangay as provided under Section 17 (b) has been
specified and defined to avoid overlapping of functions and
responsibilities. (AMENDED)
• Trigger expenditures in the local government units by
mandating them to deliver the basic services to their
constituents.
• Increase economic activities in the localities for the welfare
of the Bangsamoro People.
• Harmonize regional and local development plans in the
Bangsamoro Region.
 BASIC SERVICE OF BARANGAYS
– Agricultural Services such as maintenance of buying station for farm products
(bagsakan), conduct of lectures for farm related activities within their territorial
jurisdiction, assist in the distribution of planting materials like seeds, fertilizers, and
pesticides; maintenance of Gulayan sa Barangay and introducing improved farm
practices as demonstrated in local farm technicians own farm in the barangay;

– Health Services such as primary health care services like giving first aid,
nutritional education, feeding, immunization education, family planning education,
sanitation and hygiene promotion educations;

– Social Services such as program for senior citizens, persons with disabilities,
counseling for child in conflict with the law, maintenance of health center like
purchase of tables, chairs and others, maintenance of day care center like
purchase of chairs, tables, chalks, blackboards, and construction or provision of
solid waste collection like material recovery facilities;
 BASIC SERVICE OF BARANGAYS
– Environment Services related to community hygiene and sanitation like
beautification, community action for cleanliness and systematic collection, and
disposal of solid waste;
– Provisions and Maintenance of Katarungang Pambarangay like purchase of tables,
chairs and office supplies;
– Maintenance of barangay roads, bridges and water supply system, and for
purposes of barangay road and bridge maintenance, the following are considered
barangay road or bridge:

(a) Those constructed by the barangay out of its own funds;

(b) Those constructed by higher local government unit or national government
and turned over to the barangay; and
(c) Those constructed by private persons or entities and turned over to the
barangay;
 BASIC SERVICE OF BARANGAYS
– Maintenance of multi- purpose hall and purchase of equipment such as chairs,
tables, sound system and others, maintenance of multi-purpose pavement, plaza,
sports center and other similar infrastructure; however, in the event that the
barangay has sufficient funds to construct facilities necessary in the delivery of
basic services, there must be proper coordination to the municipal government to
avoid duplicity of projects or programs;

– Maintenance of Information and Reading Center or library such as the purchasing

of chairs, tables, books and others;

– Maintenance of public market such as provision of drainage, sanitation, peace and

order;
 BASIC SERVICE OF MUNICIPALITY
• AGRICULTURAL SERVICES: Extension and on-site research services and facilities
related agriculture and fishery activities which includes, dispersal of livestock and poultry,
fingerlings, and other seeding materials for aquaculture; palay, corn and vegetable
seeds farms; medicinal plant gardens; fruit tree, coconut and other kinds of seedling
nurseries; demonstration farm; quality control of copra and improvement and
development of local distribution channels preferably through cooperatives; inter-
Barangay irrigation system, water and soil resource utilization and conservation
projects; and enforcement of fishery laws in municipal waters including the conservation
of mangroves;
• ENVIRONMENTAL SERVICES: Pursuant to national and regional policies, subject to
the supervision, control and review of the MENRE, implementation of community-based
forestry projects which include: integrated social forestry programs and similar projects;
management and control of communal forests with an area not exceeding fifty (50)
square kilometers; establishment of tree pars, greenbelts, and similar forest
development projects;
 BASIC SERVICE OF MUNICIPALITIES
• HE ALT H S E RV I CE S wh ic h in c lu d e t h e im p le m e n t a t io n o f p r o g r a m s a n d
communicable and non-communicable disease control services; access to secondary
health services; purchase of medicines, medical supplies, and equipment needed to
carry out the services herein enumerated;

• SOCIAL SERVICES which include the programs and projects on child and youth
welfare, family and community welfare, women’s welfare, welfare of the elderly and
disabled persons; community-based rehabilitation programs for vagrants, beggars,
street children, scavengers, juvenile delinquents, and victim of drug abuse; livelihood
and other pro-poor projects; nutrition services; and family planning services;

• INFORMATION services which include investments and job placement information

system, tax and marketing information systems, and maintenance of a public library;
 BASIC SERVICE OF MUNICIPALITIES
• SOLID WASTE DISPOSAL SYSTEM or environmental management system and
services or facilities related to general hygiene and sanitation;

• PUBLIC WORKS OR CONSTRUCTIONS such as Municipal buildings, cultural

centers, public parks including freedom parks, playgrounds, and sports facilities and
equipment, and other similar facilities;
 BASIC SERVICE OF MUNICIPALITIES
• INFRASTRUCTURE FACILITIES intended primarily to service the needs of the
residents of the municipality and which are funded out of municipal funds including:
but not limited to:

CONSTRUCTION AND MAINTENANCE OF MUNICIPAL ROADS AND BRIDGES;

The following are municipal roads and/ or bridges:

1.Those constructed by municipality out of its own funds;

2.Those constructed by higher local government unit or national
government and turned over to municipality; and
3.Those constructed by private persons or entity and turn over to
municipality.
 BASIC SERVICE OF PROVINCES
– AGRICULTURAL SERVICES: which include the prevention and control of the
plant and animal pests and disease; dairy farms, livestock markets, animal
breeding stations, and artificial insemination centers; and assistance in the
organization of framer’s and fishermen’s cooperatives and other collective
organizations, as well as the transfer of appropriate technology; Industrial
research and development services, as well as the transfer of appropriate
technology;

– ENVIRONMENTAL SERVICES: Pursuant to national and regional policies,

subject to supervision, control and review of the Ministry of Environment,
Natural Resources and Energy, enforcement of forestry laws limited to
community-based forestry projects, pollution control law, small-scale mining
law, and other laws on the protection of the environment; and mini-
hydroelectric projects for local purposes;
 BASIC SERVICE OF PROVINCES
– HEALTH SERVICES which include Construction and maintenance of district
hospitals, provincials’ hospitals and other tertiary health services;

– SOCIAL SERVICES which include, programs and projects on rebel returnees and
evacuees; relief operations; and, population development services;

– PUBLIC WORKS/OR CONSTRUCTION OF THE FOLLOWING:

– Provincial buildings, provincial jails, freedom parks and other public
assembly areas and other similar facilities;
– Infrastructure Facilities intended to service the needs of the resident of the
province and which are funded out of provincial funds including , but not
limited to, provincial roads and bridges ; inter-municipal waterworks
drainage and sewerage , flood control , and irrigation systems; reclamation
projects; and similar facilities
 BASIC SERVICE OF PROVINCES
– Programs and Project for low-cost housing and other mass dwellings , except those
funded by the Social Security System (SSS) , Government Service Insurance
System (GSIS) , and the Home Development Mutual Fund (HDMF): Provided , That
national funds for these program and projects shall be equitably allocated among
the regions in proportion to the ratio of the homeless to the population;
– Investment support services, including access to credit financing;
– Upgrading and modernization of tax information and collection services through the
use of computer hardware and software and other means;
– Inter-municipal telecommunication services , subject to national policy guidelines;
and
– Tourism development and promotion programs.
 BENEFITS OF BARANGAY OFFICIALS
Section 405. Benefits of Barangay Officials. - The following are benefits of barangay officials:
(a) The Barangay Chairman shall receive a fix salary of equivalent to or not more than
salary grade fourteen (14), but in no case be less than an honorarium of Five Thousand Pesos
(₱5,000.00) ;
The payment thereof shall be subsidized and paid by Bangsamoro government through
ministry of interior and local government commences from January 2021.
However, if after determination by Bangsamoro government through ministry of interior and
local government that the funds of barangay are sufficient to pay the salary of punong barangay, the
salary of such official shall be charge to barangay funds.

(b) The Member of Sangguniang Barangay including Barangay Secretary, Barangay

Treasurer and the Sangguniang Kabataan Chairman shall receive a salary equivalent to or not more
than salary grade ten (10) subject to the availability and capability of their barangay funds but in no
case be less than an honorarium of Three Thousand Pesos (₱3,000.00) every month. Provided,
however, That the annual appropriations for personal services shall be subject to the budgetary
limitations prescribed under this Code;
 BENEFITS OF BARANGAY OFFICIALS
(c) The incumbent barangay officials including the barangay treasurer and the
barangay secretary shall be entitled to personal insurance coverage of the Government
Service Insurance System. The payment of its annual contribution must not be less than
Two Hundred Pesos (₱200.00) nor exceeding Four Hundred Pesos (₱400.00) which shall
be shouldered and charged to the budget of the barangay;

(d) The Punong Barangay, the Sangguniang Barangay Members, the Barangay
Treasurer, and the Barangay Secretary shall be entitled to Rice allowance of not less than
two Thousand Pesos (₱2,000.00) each, but not more than fifty (50%) percent of their
monthly salary or honorarium subject to the availability of barangay funds. The funds for
the purpose shall be taken from the general fund of the barangay or from such other funds
appropriated by the national government; (AMENDED)
BENEFITS OF BARANGAY OFFICIALS
ØBASIS: Executive Order 332, s. of 1996, Integrating the Barangay Governments into
the Revised Position Classification Systenm in the Government and Local Budget
Circular 33 (3.1) dated 22 October 1996;

ØSalaries of Punong Barangay shall be fixed equivalent to SG 14 that will be taken

from the Block Grant and paid thru MILG

ØTotal Annual Cost at 2,590 Barangays is Php 1.03 billion including bonuses and
statutory obligation
ØWill take effect in January 2021
ØSubject to review of MILG because upon the increase of their IRA in accordance
with MANDANAS, the benefit should thereafter be charged to their funds
ACCESSIBILITY OF LOCAL JUSTICE SYSTEM
Section 421. Prohibition on Collection of Money or its Equivalent.- No money or its
equivalent shall be collected from the complainant or respondent in availing the services of
the lupon and/or barangay officials except minimal amount during the filling of complaint as
a form of filing fee as provided by a barangay ordinance.
Any barangay official or lupon member found to have collected any amount in
violation of the preceding paragraph shall suffer the penalty of reprimand, suspension or
removal from office after the observance of due process. (NEW)

ØREASON: Strict prohibition on the collection of money by the Lupon in the

performance of their duty without appropriate ordinance from the
Ordinance setting the maximum allowable payment for cases filed before
them.
 LOCAL COUNCILS AND COMMITTEE
• Institutionalization of the following in the BLGC (Sec. 403) :
– Anti-Drug Abuse Council;
– Peace and Order Council,
– Violence Against Women and Children’s Desk;
– Local Council for Protection of Children,
– Local Disaster Risk Reduction and Management Committee
– Citizen Charter (NEW)

Ø BASIS: DILG-DOH-PCW-DSWD-DEPED JMC No. 2010–2 for the

established of VAW Desks in every barangay
Ø Drug Abuse Council is a grass roots program of the DILG
Ø RA 10121 or DRRM Act for the establishment of local DRRMC
Ø ARTA Law for the establishment of Citizens Charter
Ø RA 9344 and PD 603 for the establishment LCPC
 INCLUSIVE LUPON
SECTION 411. Lupong Tagapamayapa. - (a) There is hereby created in each
barangay a Lupong Tagapamayapa, hereinafter referred to as the Lupon, composed
of the Punong Barangay as chairman and ten(10) to twenty (20) members coming
from the following sectors: Religious (Ustadz/Imam); Elders and/ or Tribal Leaders;
Non-Muslims; Women; PWDs; Youth, and Solo Parents. (AMENDED)

ØBASIS: Article IV, Sec. 6 of R.A. 11054 provides that the

Bangsamoro Government shall promote unity, justice, and goodwill
among all people, as well as encourage a just and peaceful
settlement of dispute.
 OATH
SECTION 412. Oath and Term of Office. - Upon appointment, each lupon member
shall take an oath of office before the Punong Barangay.
Before assumption to the office, the Muslim members of the lupon, must make an
affirmation before the Holy Qur’an and for non- Muslim, to holy books as recognized
by the religious affiliations of such officials to perform their duties based on law,
justice and equity. (AMENDED)

ØREASON: Mandatory oath before the Holy Quran or Holy Book as

recognized by the religious affiliation of elective and appointive
officials to elevate the level of performance from mere compliance
to the requirement of laws into higher motivation to serve the
community (Instill the principle of Moral Governance)
ØThis mandatory oathtaking is also applicable to other local officials
MANDATORY POSITIONS IN LGUs (Sec. 459)
– Local Disaster Risk and Reduction Officer (LDRMO); (NEW)
– Local Economic Investment Promotion Officer (LEIPO);
– Tourism Officer;
– Information and Communications Technology Officer;
– Environment and Natural Resources Officer
– Community Training and Employment Coordinator (CTEC)
– The following will become mandatory if the LGU met the devolution requirement:
Agriculturist, Social Welfare and Development Officer, Health Officer

Ø BASIS: RA 10121 or Disaster Law for the LDRMO; DILG MC 2010-

113 requiring all local government units to designate LEIP; RA 9593
or Tourism Act of 2009 in order to boost tourism industry in the level
of lgus for Tourism Officers; DILG MC 2003-174 encouraging lgus in
creating plantilla for CTECs in promoting economic development and
suitable environment for business
 BOOK IV
MISCELLANEOUS AND
FINAL PROVISIONS
 Transitory Provision on the Gradual
Devolution
SECTION 547. Transitory Provisions on the Gradual Devolution. – Seven (7) years after
the effectivity of the Code, the Committee shall conduct comprehensive assessment on the
capacity of the local government units and promulgate guidelines in the implementation of the
devolution process.

After the completion of the assessment, the Committee shall submit. a comprehensive
report on the devolution process including recommendations on effective collaboration
between the Bangsamoro Government and the local government units in the delivery of
devolved services and facilities. (NEW)
 Transitory Provision on the
Gradual Devolution
Affected ministries in the implementation of the gradual devolution shall reorganize
their structure and services to avoid overlapping of functions. The ministries shall ensure the
security of tenure of the affected personnel is respected and no demotion in rank as provided
for by the existing rules and regulations. Further, the reorganization of concerned ministries
shall be guided by the following policies:
(a) Capacity development intervention to the local government units;
(b) Prioritize regional mandate not covered by the devolved services and facilities;
(c) Ensure the complementation of regional and local government services.

The local government units may be allowed to implement projects funded by the
Bangsamoro Government, particularly, projects operated and maintained by the concerned
units and subject to their absorptive capacity as certified by Ministry of the Interior and Local
Government and Ministry of Public Works. (NEW)
 Transitory Provision on the Barangays
without IRA
SECTION 548. (a) The Ministry of the Interior and Local Government, within 60 days after the
effectivity of this Code, shall create a committee that will revalidate the compliance of those barangays created
under Muslim Mindanao Autonomy Act No. 25 that failed to meet the standard requirements laid down in RA
No. 7160.
The Committee shall be composed of representatives from the Ministry of the Interior and Local
Government, Philippine Statistics Authority, Ministry of Environment, Natural Resources and Energy, and
Ministry of Finance, and Budget and Management.
After revalidation, the validating team shall submit the result of the validation to the Office of the Chief
Minister for appropriate action of those barangays that have already met the criteria laid down by Republic Act
No. 7160. The said barangays shall automatically be entitled to the Internal Revenue Allotment as provided in
Section 6, Article X of the 1987 Constitution.
(b) Those barangays that still failed to meet the criteria laid down by RA 7160 shall be reverted to their
mother barangays.
(c) After the effectivity of this Code, the creation of a new barangay must comply with the
requirements laid down by this Code. (NEW)
 Transitory Provisions for
Municipality
SECTION 549. - (a) After the effectivity of this Code, the creation of municipalities must
comply with the requisites provided by this Code such as income, population and territory.

(c) Pending the conversion of the 63 barangays in North Cotabato into appropriate
territorial or political subdivision, the barangays shall be constituted as a Special Geographic
Area and be grouped into eight (8) cluster;

(d) For this purpose, the Parliament shall enact a law creating a Special Geographic
Area Development Authority that will manage the development affairs in the Special
Geographic Area;
• (e) The Special Geographic Area Development Authority shall perform
those powers and services devolved to local government units under this
Code other than those delivered by the barangays; and
• (f) The Special Geographic Area Development Authority shall be composed
of the Board, Director General, and eight (8) Cluster Coordinators and shall
perform planning, implementation, monitoring, and coordinating function
and in the process exercise supervisory and regulatory authority over the
promotion of general welfare of the people without prejudice to the
autonomy of barangay local government units.
• (d) [sic] The Bangsamoro Government shall provide financial and
technical support to these special geographical units. (NEW)
 OTHER PROVISIONS
• Localized venue for convention, seminar, or training conducted and financed by the
concerned LGUs. As much as practicable, all activities shall be held with their localities to
help mobilize local economic activities. (Section 460) (NEW)

• Publication of ordinances with penal sanctions be translated to local dialect because the
constituents cannot understand the issuance made by LGUs. (Section 61) (AMENDED)

• Higher penalty for engaging in prohibited business transactions or possession of pecuniary

interest; not less than 15, 000 but not more than 50,000. (Section 531) (AMENDED)
END