– 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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To my mind, it was undoubtedly in the service of the foregoing principles and policies that the house bill creating the Province of Dinagat Islands was passed by Congress and enacted into law by the President.
Implementing Rules and Regulations of Republic Act No. 10742
A province shall not be created unless the following requisites on income and either population or land area are present: These representatives shall serve for a term of three 3 years in the LYDC. In construing igr 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 ogc manner the policy and objects of the legislature.
Learn more about the Philippine government, its structure, how government works and the people behind it. Graph comparing Page Views in March and April.
Art. 182, Rule XXIII, IRR of RA 7160
In lieu thereof, concerned SK officials shall submit written reports, preferably with photographs, or other documentations of their participation in the implementation of programs, projects and activities as outlined in the ABYIP. Okay, ya, our, the Senate version is 3. The average estimated annual income itr include the income allotted for both the general and infrastructure funds, exclusive of trust funds, 11991 and nonrecurring income. Paying attention to this principle, Section 2 a of the Local Government Code of provides as follows: These programs of knowledge transfer may include dialogues, forum, lectures, classes and other means of transferring knowledge.
As eloquently stated in his dissent: Thus, insofar as islands are concerned, they are deemed contiguous although separated by wide spans of navigable deep waters, with the exception of the high seas, because itr lands separated by water touch one another, in a sense, beneath the water.
The territory of the province of Dinagat Islandsogc, 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. 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. In the same manner, the law, by providing in paragraph b of Section that the territory need not be contiguous if the same is comprised of islands, must be interpreted as intended to exempt such territory from the land area component of 2, sq.
Provided, That such travel is directly related to the performance of their functions as SK officials and is supported by duly approved travel order by the punong barangay, in the case of the SK chairperson, or by the SK chairperson, in the case of the other SK officials. Because the two component requirements are inseparable, the elimination of contiguity lgcc the territorial criterion has the effect of a co-existent eradication of the land area component.
The sangguniang barangay shall appropriate the SK funds in lump sum which shall be disbursed 191 for lgv development and empowerment purposes.
Thats why were going into the minimum 19991 level. Katipunan ng Kabataan KK. Provided, That such special assembly is coordinated with the Office of the LGOO and the Election Officer of the municipality or city where the concerned barangay belongs. Official Gazette Open Data Portal.
The land area requirement shall not apply where the proposed province is composed of one 1 or more islands.
Declaration of State Policies and Objectives. Over and above that, the provincial officials should be able to trigger off economic development which will attract new investments from the private sector. The LYDO or the designated personnel in Section 24 d shall send a list of registered and verified youth organizations and youth serving organizations to the Commission. For this purpose, the provincial, city, municipal, or barangay development council, shall assist the corresponding sanggunian in setting the direction of economic and social development, and coordinating development efforts within its territorial jurisdictions… Art.
For as long as there is compliance with the income requirement, the legislative intent is, after all, to the effect that the land area and population requirements may be overridden by the established economic viability of the proposed province. Given the lesser importance accorded the land area and population under Section of the present Local Government Code, I find that the propriety of applying the restrictive interpretation of the land area requirement in Tan v.
In other words, the grounds for nullity must be beyond reasonable doubt, for to doubt is to sustain. Now, what were seeing now is that the administrative efficiency is no longer there because the land areas that we are giving to our governors is so wide that no one man could possibly administer all of the complex machineries that are needed.
If the SK funds allow, a supplemental budget shall be approved.
Every statute has in its favor the presumption of constitutionality. Compliance with the land area requirement by the Province of Dinagat Islands is cast in even relief when gauged from the clear and unambiguous language of the IRR which was formulated in accordance with Section of the Local Government Code, by the Oversight Committee chaired by the Executive Secretary and composed of representatives from the Senate,  the House of Representatives,  the Cabinet  and the leagues of local government units.
Yeah, thats correct, but on the assumption that 199 province is able to do it without being a burden to the national government. Executive Secretary  animates this dissent to the denial of the motion for itr of the February 10, En Banc Decision handed down in the case at bench, declaring as unconstitutional Republic Act No. Towards this end, the State shall establish adequate, effective, responsive and enabling mechanisms and support systems that shall empower the youth and ensure their meaningful participation in local governance and in nation-building.
The process of decentralization shall proceed from the National Government to the local government units. Despite its aggregate land area of Any person who shall falsely certify as to the attendance of any SK official shall be criminally and administratively liable; 4 Be 199 by the National Government with Philippine Health Insurance Corporation PhilHealth coverage, the amount of which to be included in the yearly General Appropriations Act GAAas provided for under the Revised Implementing Rules and Regulations of the National Health Insurance Act of ; 5 Be entitled to receive actual travelling reimbursements as may be authorized by law, and subject to the availability of funds: In support of the house bill for the creation of the Dinagat Islands as a separate province, it appears that 1991 special census conducted by the province of Surigao Del Norte and the National Statistics Office NSO Irrr Census Coordinator in July yielded a population count ofinhabitants.
Local Youth Development Council Funds.
Art. , Rule XXIII, IRR of RA
ValenciaSCRA Unlike Section  of Batas Pambansa Blg. Quezon as working document; 2. In case said member refuses irt 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.
To obviate this aberration, and bearing in mind the principle that the intent or the spirit of the law ogc the law itself, resort should be to the rule rir the spirit of the law controls its letter. 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. Alongside declaring Republic Act No.
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. The following advocacies shall be represented: