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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
2nd Regular Session 
House Bill No. ________ 
Introduced by Representative PAOLO Z. DUTERTE 
EXPLANATORY NOTE 
Section 481 of Republic Act No. 7160 or the Local Government Code of 1991 states that 
the appointment of a Legal Officer is mandatory for the provincial and city 
governments while optional for the municipal governments. As the official Chief 
Legal Counsel of a local government unit, a Legal Officer has certain powers and 
duties provided under the same provision of law, which include but are not limited 
to: (1) formulating measures for the consideration of the Sanggunian, (2) providing 
legal assistance and support to the governor or mayor, (3) representing the local 
government unit in all civil actions and special proceedings wherein the local 
government unit or any official thereof, in his official capacity, (4) drafting ordinances, 
contracts, bonds, leases and other instruments, involving any interest of the local 
government unit, (5) investigating or causing to be investigated any local official or 
employee for administrative neglect or misconduct in office, and recommend 
appropriate action to the governor, mayor or Sanggunian, among others. The 
following acts fall under the constituent function of the state which is defined by 
jurisprudence as the very bonds of society and compulsory in nature—the 
government is required to exercise such functions to promote its objectives expressed 
in the Constitution and as an attribute of sovereignty.  
Considering the compulsory nature of the functions being exercised by a Legal 
Officer, the position’s appointment as optional becomes contradicting to the intent of 
the Local Government Code to streamline the bureaucracy in the LGUs.  In addition, the 
powers and duties of a Municipal Legal Officer are not extremely different, if not 
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entirely different at all, from those of the City and Provincial Legal Officers. To add to 
that is the municipality’s increasing cases that need a legal representation and only 
the Legal Officers, as the official Chief Legal Counsels of the LGU, could exercise the 
said function.  
It is in this regard that this proposed measure seeks to amend the Local Government 
Code of 1991, making the appointment of a Legal Officer in every municipality 
mandator—similar to the Legal Officers in the city and province. 
In view of the foregoing, approval of this bill is earnestly sought. 
HON. PAOLO Z. DUTERTE 


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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
2nd Regular Session 
House Bill No. ________ 
Introduced by Representative PAOLO Z. DUTERTE 
AN ACT 
MAKING THE APPOINTMENT OF A LEGAL OFFICER MANDATORY IN 
MUNICIPAL GOVERNMENTS, AMENDING FOR THE PURPOSE AND 481 (A) 
OF REPUBLIC ACT NO. 7160, AS AMENDED, OTHERWISE KNOWN AS THE 
LOCAL GOVERNMENT CODE OF 1991 
          Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SEC. 1. Section 481 (a) of Republic Act No. 7160 as amended, otherwise known 
as the "Local Government Code of 1991" is hereby further amended as follows: 
"Sec 481. Qualifications, Powers and Duties. - (a) x x x 
The appointment of legal officer shall be mandatory for the provincial, [and] 
city, [and optional for the], AND MUNICIPAL governments. 
SEC. 2. This Act shall take effect after fifteen (15) days following the completion 
of its publication either in the Official Gazette or in newspaper of general circulation 
in the Philippines. 
Approved, 
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