AN ACT GRANTING FURTHER AUTONOMOUS POWERS TO LOCAL GOVERNMENTS
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AN ACT GRANTING FURTHER AUTONOMOUS POWERS TO LOCAL GOVERNMENTS
Republic Act No. 5185
September 12, 1967
Case Overview and Summary
Summary of Republic Act No. 5185 (Decentralization Act of 1967)Declaration of Policy (Section 2)
- Transform local governments into effective instruments for self-governance
- Grant greater autonomy and resources to local governments
Additional Powers and Functions (Section 3)
- Provincial and city governments can undertake agricultural extension and rural health work
- They can retain funds previously contributed for these services
- Personnel performing these services shall be absorbed by local governments
Appointment of Local Officials (Section 4)
- Provincial/city heads of offices paid by local funds shall be appointed by governor/mayor
- Vacancies shall be filled from list of 5 eligible persons certified by Civil Service
- Other employees shall be appointed by governor/mayor on office head's recommendation
- Salary scales can be applied to lower class local governments after 2 years
Suspension and Removal of Elective Officials (Section 5)
- Grounds: disloyalty, dishonesty, oppression, misconduct
- Charges filed before President (provincial/city officials) or governor (municipal officials)
- Investigation within 10 days, decision within 30 days after investigation
- Suspension not exceeding unexpired term, not a bar to candidacy
Prohibition Against Practice (Section 6)
- Local officials cannot appear as counsel against their local government
Succession to Vacant Offices (Sections 7-10)
- Vice-governor/mayor succeeded by highest-ranking board/council member (Section 7)
- Vacancies in board/council filled by next highest-ranking members (Section 8)
- Vacancies before 60 days of presidential election filled by special election (Section 8)
- Vacancies after 60 days filled by appointment from officer's party (Section 8)
- Newly created local government units filled by election (Sections 9-10)
Actions Effective Without National Approval (Section 11)
- Lists actions by provincial/city/municipal officials effective without national approval
- Budgets effective upon approval by local legislative bodies
- Consolidation of special funds into general fund
Duties of Local Executives (Section 12)
- Certain duties of local executives not subject to national direction/review
Increase in Regular Allotment (Section 13)
- Provincial/city allotment increased from 10% to 13%
- Municipal allotment increased from 2% to 4%
Release of Allotments (Sections 14-17)
- Internal revenue allotment released monthly by BIR (Section 14)
- Income tax from wages credited equally to municipalities (Section 15)
- Highway fund shares released quarterly by BPH (Section 16)
- Sweepstakes/horse race/lottery shares released monthly (Section 17)
Creation of Positions (Sections 18-19)
- Positions of Provincial Engineer and City Public Works Supervisor created (Section 18)
- Positions of Provincial Attorney and City Legal Officer created (Section 19)
Creation of Municipalities (Section 20)
- Municipalities/municipal districts created only by Congress
Joint Local Government Reform Commission (Section 21)
- Commission created to study local government role and prepare local government code
Penalties (Section 22)
- Violations punishable by imprisonment (6 months - 1 year) and/or fine (₱1,000 - ₱2,000)
- Violations also ground for suspension/dismissal and perpetual disqualification
Rights Maintained (Section 23)
- Rights, benefits and privileges of officials/employees maintained
- Liberal interpretation in favor of local government powers
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Law
AN ACT GRANTING FURTHER AUTONOMOUS POWERS TO LOCAL GOVERNMENTS
Republic Act No. 5185
•September 12, 1967
REPUBLIC ACT No. 5185
AN ACT GRANTING FURTHER AUTONOMOUS POWERS TO LOCAL GOVERNMENTS
Section 1. Short Title. This Act shall be known as the Decentralization Act of 1967.
Section 2. Declaration of Policy. It is hereby declared to be the policy of the State to transform local governments gradually into effective instruments through which the people can in a most genuine fashion, govern themselves and work out their own destinies.
It is therefore, the purpose of this Act to grant to local governments greater freedom and ampler means to respond to the needs of their people and promote their prosperity and happiness and to effect a more equitable and systematic distribution of governmental powers and resources. To this end, local governments henceforth shall be entrusted with the performance of those functions that are more properly administered in the local level and shall be granted with as much autonomous powers and financial resources as are required in the more effective discharge of these responsibilities.
Section 3. Additional Powers and Functions. The provincial and city governments are...
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