REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No. ~*_8342

Introduced by MAGDALO Party-List Representative

HON. GARY C. ALEJANO _ 4 ie
Republic Act No. 7160 or the Local Government Code devolved to all local
government units the administration of the following basic services: agriculture,
health, social welfare, maintenance of public works and highways, and
environmental protection. The aim of devolution of these services is to improve
public service delivery, to consolidate democracy, to promote local economic
development and to reduce the potential for societal conflicts.

However, 26 years after the enactment of RA No. 7160, there has been minimal
improvement with regard the delivery of local services by most local government
units, RA No. 7160 demarcates the functions of local authorities at various levels.
However, some functions devolved to local units like the Barangay have effects
and/ or benefits that extend outside their own boundaries. For example, health
objectives and programs are more national than local although they can be
implemented locally.

Hence, this proposed measure amends certain sections of RA No. 7160 and
qualifies what functions should be left to the national government, what
functions are to be shared, and what functions should be fully devolved based on
a clear understanding of who are included in the LGU’s scope of beneficiaries so
that they will have built in incentive mechanism that will encourage LGUs to
invest or finance these functions.

In view of the foregoing, approval of this bill is earnestly sought.

\

Representative
Magdalo Para sa Pilipino Party-List


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No, __ 8342

Introduced by MAGDALO Party-List Representative
____ HON. GARY C. ALEJANO

AN ACT
TO RATIONALIZE THE FUNCTIONAL ASSIGNMENTS OF LOCAL
GOVERNMENT UNITS BY AMENDING CERTAIN PROVISIONS IN
REPUBLIC ACT 7160, OTHERWISE KNOWN AS THE LOCAL
GOVERNMENT CODE OF 1991

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress Assembled:

SECTION 1. Section 3 (a) of the Code is hereby amended to read as follows:

“SEC. 3. Operative Principles of Decentralization. - The formulation
and implementation of policies and measures on local autonomy shall be
guided by the following operative principles

(a) There shall be an effective allocation BETWEEN THE NATIONAL
GOVERNMENT AND among the different local government units of
their respective powers, functions, responsibilities, and resources INTO
NATIONAL GOVERNMENT, — FULLY-DEVOLVED, _ AND
SHARED FUNCTIONS BASED ON THE SCOPE OF BENEFITS,
EFFECTS OR IMPACTS EXTERNAL TO THE LOCAL
GOVERNMENT UNIT AND RESPONSBILITY FOR THE
SETTING OF POLICIES AND STANDARD, PLANNING AND
PROGRAMMING, IMPLEMENTATION AND EXECUTION, AND
ORIGIN AND OWNERSHIP OF THE FUNDING SOURCE;

(b) X XX”

SEC. 2. Section 17 of the Code is hereby amendment to read as follows:

“SEC. 17. Basic Services and Facilities. - (a) Local government
units shall endeavor to be self-reliant and shall continue exercising the
powers and discharging the duties and functions currently vested upon
them. They shall also discharge the functions and responsibilities of
national agencies and offices devolved to them pursuant to this Code.
Local government units shall likewise exercise such other powers and
discharge such other functions and responsibilities as are necessary,


appropriate, or incidental to efficient and effective provisions of the basic
services and facilities enumerated herein.

(b) Such basic services and facilities include, but are not limited to, the
following:

(1) For Barangay:

[(@ Agricultural support services which include planting materials
distribution system and operation of farm produce collection and buying
stations;

(ii) Health and social welfare services which include maintenance of
barangay health center and day-care center;]

(iii) Services and facilities related to general hygiene and sanitation,
beautification, and solid waste collection;

(iv) Maintenance of katarungang pambarangay;

[(v) Maintenance of barangay roads and bridges and water supply
systems;]

(vi) Infrastructure facilities such as multi-purpose hall, multipurpose
pavement, plaza, sports center, and other similar facilities,

(vii) Information and reading center; and

(viii) Satellite or public market, where viable;

(2) For a Municipality:

()XXX

(ii) Pursuant to national policies and subject to supervision, control and
review of the DENR, 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 parks,
greenbelts, and similar forest development projects | WHOSE
IMPLEMENTATON MAY BE SHARED WITH THE PROVINCE
AND/OR A NATIONAL GOVERNMENT AGENCY,

(iii) Subject to the provisions of Title Five, Book I of this Code, health
services which include the implementation of programs and projects on
primary health care, maternal and child care, and communicable and non-
communicable disease control services, access to secondary and tertiary
health services; purchase of medicines, medical supplies, and equipment
needed to carry out the services herein enumerated WHOSE
IMPLEMENTATION MAY BE SHARED WITH THE PROVINCE
AND/OR A NATIONAL GOVERNMENT AGENCY;

(iv) X XX;

(v)X XX;

(vi) Solid waste disposal system or environmental management system
and services or facilities related to general hygiene and sanitation
WHOSE IMPLEMENTATION MAY BE SHARED WITH THE
PROVINCE OR THROUGH INTER-LGU COOPERATION;

(vii) X XX;

(viii) X XX;



(ix) XXX;

(x) XXX;

(xi) Tourism facilities and other tourist attractions, including the
acquisition of equipment, regulation and supervision of business
concessions, and security services for such facilities; fand]

(xii) Sites for police and fire stations and substations and municipal jail;
(XII) MAINTENANCE OF BARANGAY ROADS AND BRIDGES
AND WATER SUPPLY SYSTEMS;

(XIV) HEALTH AND SOCIAL WELFARE SERVICES WHICH
INCLUDE MAINTENANCE OF BARANGAY HEALTH CENTER
AND DAY-CARE CENTER; AND

(XV) AGRICULTURAL SUPPORT SERVICES WHICH INCLUDE
PLANTING MATERIALS DISTRIBUTION SYSTEM AND
OPERATION OF FARM PRODUCE COLLECTION AND BUYING
STATIONS WHOSE IMPLEMENTATION MAY BE SHARED
WITH THE BARANGAY.

(3) For a Province:

(XXX;
(i) XXX;
(iii) XXX;
(iv) XXX;
(WX XX;
(vi) XXX;
(vil) XX X;
(viii) X X X;
(ix) XXX;
(x) XXX;
(xi) X X X; and
(xii) X X X;

(4) For a City:
All the services and facilities of the municipality and province, and in
addition thereto, the following:

(i) Adequate communication and transportation facilities;

(ji) support for education, police and fire services and facilities;

(Xxx

(d)XXX

(:)XXX

As used in this Code, the term "devolution" refers to the act by which the

national government confers power and authority upon the various local
government units to perform specific functions and responsibilities.


Scary sH,eune

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(£) The national government or the next higher level of local government
unit may provide or augment the basic services and facilities assigned to a
lower level of local government unit when such services or facilities are
not made available or, if made available, are inadequate to meet the
requirements of its inhabitants BASED ON GUIDELINES ISSUED BY
THE DEPARTMENT OF THE INTERIOR AND LOCAL
GOVERNMENT.

(g)XXX

(hyXXX

()XXX

(j) XX x”

SEC. 3. Repealing Clause.- All general and special laws, acts, city charters,
decrees, executive orders, proclamations and administrative regulations, or part or
parts thereof which are inconsistent with any of the provisions of this Act are hereby
repealed or modified accordingly.

SEC. 4. Separability Clause. - If, for any reason or reasons, any part of
provision of this Act shall be held unconstitutional or invalid, other parts or provisions
hereof which not affected thereby shall continue to be in full force and effect.

SEC. 5. Effectivity Clause. - This Act shall take effect on unless
otherwise provided herein, after its complete publication in at least two (2) national
newspapers of general circulation.

Approved.