R.A. 7160

R.A. 7160

Local Government Code of 1991

Author: Sen. Aquilino Q. Pimentel Jr.

Product of Senate Bill No. 2398 and House Bill No. 6423

Date Approved: February 19, 2004 by former President Gloria Macapagal Arroyo

It has 536 Sections and IV Books

CHAPTER 1. - THE CODE, POLICY AND APPLICATION

SECTION 1. Title. - This Act shall be known and cited as the "Local Government Code of 1991".

SECTION 2. Declaration of Policy

1. G-enuine and meaningful local autonomy

S-elf-reliant communities

P-artners in the attainment of national goals

Toward this end, the State shall provide for a more responsive and accountable local government structure instituted through a system of decentralization whereby local government units shall be given more powers, authority, responsibilities, and resources. The process of decentralization shall proceed from the national government to the local government units.

2. Ensure the accountability of local government units

3. It is likewise the policy of the State to require all national agencies and offices to conduct periodic consultations with appropriate local government units, non-governmental and people's organizations, and other concerned sectors of the community before any project or program is implemented in their respective jurisdictions.

SECTION 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.

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

(1) For a Barangay:

-Health and social welfare services which include maintenance of Barangay health center and day-care center;

-Services and facilities related to general hygiene and sanitation, beautification, and solid waste collection;

(2) For a municipality:

-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;

-Social welfare services which include programs and projects on child and youth welfare, family and community welfare, women's welfare, welfare of the elderly and disabled persons; community-based rehabilitation programs for vagrants, beggars, street children, scavengers, juvenile delinquents, and victims of drug abuse; livelihood and other pro-poor projects; nutrition services; and family planning services;

-Solid waste disposal system or environmental management system and services or facilities related to general hygiene and sanitation;

Infrastructure facilities intended primarily to service the needs of the residents of the municipality and which are funded out of municipal funds

(3) For a Province:

-Subject to the provisions of Title Five, Book I of this Code, health services which include hospitals and other tertiary health services;

"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.

TITLE FIVE. - LOCAL HEALTH BOARDS

SECTION 102. Creation and Composition. - (a) There shall be established a local health board in every province, city or municipality. The composition of the local health boards shall be as follows:

• (1) The provincial health board shall be headed by the governor as chairman, the provincial health officer as vice-chairman, and the chairman of the committee on health of the Sangguniang Panlalawigan, a representative from the private sector or non-governmental organizations involved in health services, and a representative of the Department of Health in the province, as members;

(2) The city health board shall be headed by the city mayor as chairman, the city health officer as vice-chairman, and the chairman of the committee on health of the Sangguniang Panlungsod, a representative from the private sector or non-governmental organizations involved in health services, and a representative of the Department of Health in the city, as members; and

(3) The municipal health board shall be headed by the municipal mayor as chairman, the municipal health officer as vice-chairman, and the chairman of the committee on health of the Sangguniang bayan, a representative from the private sector or non-governmental organizations involved in health services, and a representative of the Department of Health in the municipality, as members;

Functions of the local health board shall be:

1. To propose to the Sanggunian

2. To serve as an advisory committee to the Sanggunian

3. Consistent with the technical and administrative standards

SECTION 103. Meetings and Quorum.

The board shall meet at least once a month or as often as may be necessary.

A majority of the members of the board shall constitute a quorum, but the chairman or the vice-chairman must be present during meetings where budgetary proposals are being prepared or considered. The affirmative vote of all the majority of the members shall be necessary to approve such proposals.

SECTION 104. Compensation and Remuneration. - The chairman, vice-chairman, and members of the provincial, city or municipal health board shall perform their duties as such without compensation or remuneration. Members thereof who are not government officials or employees shall be entitled to necessary traveling expenses and allowances chargeable against the funds of the local health board concerned, subject to existing accounting and auditing rules and regulations.

In cases of epidemics, pestilence, and other widespread public health dangers, the Secretary of Health may, upon the direction of the President and in consultation with the local government unit concerned, temporarily assume direct supervision and control

SECTION. 478. Qualifications, Powers and Duties.

(a) No person shall be appointed health officer unless he is a citizen of the Philippines, a resident of the local government unit concerned, of good moral character, and a licensed medical practitioner. He must have acquired experience in the practice of his profession for at least five (5) years in the case of the provincial or city health officer, and three (3) years in the case of the municipal health officer.

b) The health officer shall take charge of the office on health and shall:

(1) Take charge of the office on health services, supervise the personnel and staff of said office, formulate program implementation guidelines and rules and regulations for the operation of the said office for the approval of the governor or mayor, as the case may be, in order to assist him in the efficient, effective and economical implementation of a health services program geared to implementation of health-related projects and activities;

(2) Formulate measures for the consideration of the sanggunian and provide technical assistance and support to the governor or mayor, as the case may be, in carrying out activities to ensure the delivery of basic services and provision of adequate facilities relative to health services provided under Section 17 of this Code

(3) Develop plans and strategies and upon approval thereof by the governor or mayor as the case may be, implement the same, particularly those which have to do with health programs and projects which the governor or mayor, is empowered to implement and which the sanggunian is empowered to provide for under this Code;

(5) Be in the frontline of health services delivery, particularly during and in the aftermath of man-made and natural disasters and calamities; and

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SECTION 105. Direct National Supervision and Control by the Secretary of Health