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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 ERIC GO YAP 
EXPLANATORY NOTE 
As stated under Section 481 of Republic Act No. 7160 or the Local Government Code 
of 1991, the appointment of a Legal Officer is mandatory for the provincial and city 
governments and optional for the municipal governments. As the chief legal counsel 
of the 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 is 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 are in need of 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. ERIC GO YAP 


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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 ERIC GO YAP 
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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