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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 Representatives EDVIC G. YAP, JOCELYN P. TULFO, 
ERWIN T. TULFO and RALPH TULFO 
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 only mandatory for the provincial and city 
governments while optional for the municipal governments. Being an official Chief 
Legal Counsel of a local government unit (LGU), a Legal Officer has powers and 
duties, 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 aforementioned 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 exercised by a Legal Officer, not 
requiring the appointment of such officer in a municipal government contradicts the 
intent of the Local Government Code to streamline the bureaucracy in the LGUs. 
September 21, 2023
8:00 am
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Moreover, making the appointment of a Legal Officer in municipal local governments 
mandatory will allow municipalities to have legal representation in their increasing 
number of cases without solely relying on the services of Provincial Legal Officers or 
Provincial Prosecutors. 
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 
mandatory—similar to the appointment of Legal Officers in cities and provinces. 
In view of the foregoing, approval of this bill is earnestly sought. 
HON. EDVIC G. YAP 
HON. JOCELYN P. TULFO 
HON. ERWIN T. TULFO 
HON. RALPH TULFO 


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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 Representatives EDVIC G. YAP, JOCELYN P. TULFO, 
ERWIN T. TULFO and RALPH TULFO 
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: 
SECTION 1. Sections 443 (b) and 481 (a) of Republic Act No. 7160 as amended, 
otherwise known as the "Local Government Code of 1991" are hereby further 
amended as follows: 
"Sec 443. Officials of the Municipal Government. - (a) x x x 
(b) In addition thereto, the mayor may appoint a municipal administrator, [a
municipal legal officer,] a municipal agriculturist, a municipal environment
and natural resources officer, a municipal social welfare and development
officer, a municipal architect, and a municipal information officer.
x x x 
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. Section 31 of Republic Act No. 7160 as amended, otherwise known as 
the "Local Government Code of 1991" is hereby repealed. 
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SEC. 3. 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,