– PRESCRIBING THE IMPLEMENTING RULES AND REGULATIONS OF THE LOCAL GOVERNMENT CODE OF WHEREAS, Section 25, Article II of . Local Government Code of , affirms, among others, that the territorial and under RA and the implementing rules and regulations issued pursuant . This Act shall be known and cited as the “Local Government Code of ”. SECTION 2. Declaration of Policy. – (a) It is hereby declared the policy of the State.
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The provincial, city, municipal, or barangay development council, by resolution and within three 3 months from the date of reorganization of the LDC, create an executive committee to represent and act in behalf of the LDC when it is not in session. ENSC Assignment 4. As an organic law, Republic Act No. In fact, any interpretation that runs counter to the legislative intent is unacceptable and invalid. COMELEC  which declared that the term territory only refers to the mass of land area and excludes the waters over which the local government unit exercises control.
A province is constituted for the purpose of administrative efficiency and delivery of basic services. Such special registration and verification entitles the organization to participate in the LYDC elections. Legislative intent is part and parcel of the law, the controlling factor in interpreting a statute.
The reason why we are willing to increase the income, double than the House version, because we also believe that economic viability is really a minimum. Likewise brushing aside the result of the special census for lack of certification from the NSO, the decision also ruled that the population requirement was not complied with, based on the NSO Census of Population which pegged the official population of Lgv Islands atLocal Youth Development Council Funds.
For, indeed, why will the ire still exempt the islands from the requirement of contiguity when they are already legally contiguous?
Art. , Rule XXIII, IRR of RA
Thus, applying a verba legis or strictly literal interpretation of a statute may render it meaningless and lead to inconvenience, an absurd situation or injustice. Membership in the Sanggunian and Local Special Bodies.
The manner of registration shall be governed by existing laws. When viewed in the light of the legislative intent underlying Section of the Local Government Code, I respectfully submit that Article 9 of the IRR is not in conflict with the criteria for the creation of provinces ensconced in said provision of 11991 basic law.
Far from being absolute regarding application of the requirement of a contiguous territory of at least 2, square kilometers as certified by the Land Management Bureau, Section allows for said exemption by providing, under paragraph b thereof, that t he territory need not be contiguous if the new province comprises two or more islands or is separated by a chartered city or cities which do not contribute to the income of the province.
These shall be disseminated to the concerned offices, institutions and individuals; c Pgc and keep the minutes of all meetings of the SK, including all the assemblies of the KK; and d Perform such other duties and discharge such other functions as the SK chairperson may prescribe irt direct. To obviate this aberration, and bearing in mind the principle that the intent or the spirit urr the law is the law itself, resort should be to the rule that the spirit of the law controls its letter.
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Provided, however, that in the appropriation thereof, the specific purpose for which such activity has been held shall be first satisfied: If the SK funds allow, a supplemental budget shall be approved. It will result in superfluity, if not absurdity, if paragraph b of the provision is interpreted as referring only to the component requirement of contiguity and not to both component requirements of contiguity and land area.
Powers and Functions of the KK. The territory of the province of Dinagat Islandstherefore, comprising the major islands of Dinagat and Hibuson, and approximately 47 islets, need not be contiguous and need not have an area of at least 2, sq.
Art. 182, Rule XXIII, IRR of RA 7160
In 19991 said member refuses to assume the position or fails to qualify, the SK member obtaining the next highest number of votes shall assume the position of the chairperson for the unexpired portion of the term.
However, if a youth organization or youth-serving organization is denied local registration and verification, such organization can apply for special registration and verification to the Commission.
Both the CBYDP and ABYIP shall give priority to programs, projects and activities that will promote and ensure the equitable access to quality education, environmental protection, climate change adaptation, disaster risk ir and resiliency, youth employment and livelihood, health, including health services and adolescent sexual lg reproductive health, anti-drug abuse, gender sensitivity, sports development, and capability building which emphasizes leadership training; d The budget cycle of the SK shall be synchronized with that of the barangay.
The land area requirement shall not apply where the proposed province is composed of one 1 or more islands. In other words, the grounds for nullity must be beyond reasonable doubt, for to doubt is to sustain.
A mechanism of reimbursement will also be included in the guidelines. We can even have this doubled because we thought. The territory ire not be contiguous if it comprises two 2 or more islands or is separated by a chartered city or cities which do not contribute to the income of the province.
More so, when it is borne in mind that, unlike the one iirr for the proposed province of Negros Del Nortethe plebiscite conducted for said new province unquestionably complied with the Constitutional requirement of inclusion of the political units directly affected.
In construing a statute, the proper course is to start out and follow the true intent of the Legislature and to adopt the sense that best harmonizes with the context and promotes in the fullest manner the lvc and objects of the legislature.
The designated KK member shall discharge the duties of the secretary during assemblies and turn over the minutes of the assembly to the SK secretary. Katipunan ng Kabataan KK. Despite its aggregate land area of A province shall not be created unless the following requisites on income and either population or land area are present: Such may be put under the Office of the LCE, the Office of the Planning and Development, the Office of the Social Welfare or in any other office deemed appropriate by the local government unit.
An appeal mechanism shall be formulated by the Commission. This Court, however, may declare a law, or portions thereof, unconstitutional, where a petitioner has shown a clear and unequivocal breach of the Constitution, not merely a doubtful or argumentative one.
But if we lc going to tie the hands of the proponents, simply by telling them, Sorry, you are now at irg orthousand, you will never be able 191 become a province because jrr wants to go to that place. Declaration of State Policies and Objectives.
Creation and Election of the SK. Suspension and Removal from Office. The rules and procedures to be followed in the implementation of the policy on full public disclosure shall be promulgated by the DILG; l Authorize the SK Chairperson to enter into contracts on behalf of the SK, subject to the provisions of SK Reform Act RAthis IRR, Local Government Code of RAGovernment Procurement Reform Act RA and such other pertinent laws and regulations; m Comply with the bonding requirements in accordance with existing laws, rules and regulations, when necessary as in the case of the SK chairperson and the SK treasurer; and n Exercise such other powers and perform such other functions as may be prescribed by law or ordinance, or delegated by the sangguniang barangay or the Commission.
Limjap could not have been more precise:. Already quoted in Justice Nachuras dissent to the ponenciathe following transcript of the congressional deliberations on the house bill from which the present Local Government Code originated is particularly enlightening regarding the legislative intent for said new requirements, viz.: As such, the sangguniang panlungsod or sangguniang bayan shall, within sixty 60 days upon receipt hereof, review the annual budget and supplemental budget of the SK on their compliance in the immediately preceding provision and other existing laws, rules and regulations.
For this purpose, any citizen of the Philippines residing in the said barangay for at least six 6 months who attains the age of fifteen 15 years old but not more than thirty 30 years old at the time of the special election and who registers as member of the KK before the SK secretary shall be entitled to vote in the said special election.