ARTICLE IV

COMPETITIVE BIDDING
SEC.

10. Competitive Bidding. - All

Procurement shall be done through
Competitive Bidding, except as provided for
in Article XVI of this Act.

SEC. 11. The BAC and its Composition. - Each procuring

entity shall establish a single BAC for its procurement. The
BAC shall have at least five (5) members, but not more than
seven (7) members. It shall be chaired by at least a third
ranking permanent official of the procuring entity other than its
head, and its composition shall be specified in the IRR.
Alternatively, as may be deemed fit by the head of the
procuring entity, there may be separate BACs where the
number and complexity of the items to be procured shall so
warrant. Similar BACs for decentralized and lower level offices
may be formed when deemed necessary by the head of the
procuring entity. The members of the BAC shall be designated
by the Head of Procuring Entity. However, in no case shall the
approving authority be a member of the BAC.

Unless sooner removed for a cause, the members

of the BAC shall have a fixed term of one (1) year
reckoned from the date of appointment,
renewable at the discretion of the Head of the
Procuring Entity. In case of resignation,
retirement, separation, transfer, re-assignment,
removal, the replacement shall serve only for the
unexpired term: Provided, That in case of leave
or suspension, the replacement shall serve only
for the duration of the leave or suspension. For
justifiable causes, a member shall be suspended
or removed by the Head of the Procuring Entity.

The BAC shall be composed of one (1)

representative each from the regular offices
under the Office of the LCE such as, but not
limited to the following: Office of the
Administrator, Budget Office, Legal Office,
Engineering Office, General Services Offices.
The end user office shall always be represented
in the BAC. The Chairman of the BAC shall be at
least a third ranking permanent official of the
procuring entity. The members of the BAC shall
be personnel occupying plantilla positions of the
procuring entity concerned.

The LCE shall designate the members of the

BAC. The members shall elect among
themselves who shall act as the Chairman
and Vice-Chairman.
11.2.3. The members to be designated by
the head of the procuring entity to the BAC
shall be at least five (5), but not more than
seven (7).

11.2.4. Unless sooner removed for a cause, the members

of the BAC shall have a fixed term of one (1) year reckoned
from the date of appointment, renewable at the discretion
of the head of the procuring entity. In case of resignation,
retirement, separation, transfer, re-assignment, removal,
death, the replacement shall serve only for the unexpired
term: Provided, however, That in case of leave or
suspension, the replacement shall serve only for the
duration of the leave or suspension. For justifiable causes,
a member shall be suspended or removed by the head of
the procuring entity. In the interest of professionalization,
the head of the procuring entity is encouraged to extend
the terms of office of deserving members.

11.2.5. In no case shall the head of the

procuring entity and/or the approving
authority be the Chairman or a member of
the BAC.

Province

City

Municipality

Governor

Mayor

Mayor

Division
Supt

Co-Chair

City Supt

Co-Chair

Dist
Superviso
r

Members
Sanggunian Chair on Education
Treasurer
SK Fed Pres
Pres of PTCA
Rep of Teachers Org
Rep of Non-Academic Personnel of Pub Sch
Meeting: At least once a month or as often as may be necessary

Co-Chair

Composition
LCE as Chairman
P/C/M Health Officer as Vice Chair
Members
Sanggunian Chair on Health
NGO/ Private Sector Representative
DOH Representative in the
Province/City/Municipality

Meeting: At least once a month or as often as may be necessary

Composition
LCE as Head
Members
All Mayors in the case of the Province, All PBs in the
case of C/Mun
Sanggunian Chairman of the Committee on
Appropriations
Representative of the Congressman
NGO Rep in the P/C/M, not less than of the
members of the fully organized council
Meeting: Once every six (6) months or as often as may be necessary

Composition
LCE as Chairman
Members
Rep of the Mayors in the case of the Province, PBs in
the case of C/Mun
Sanggunian Chairman of the Committee on
Appropriations
Liga ng mga Barangay President (Fed)
NGO Rep that are represented in the council

Composition
PB as Chairman
Members
Rep of the Sangguniang Barangay Members, to be
chosen among its members
NGO rep

Take note that the P/C/M Treasurer is

appointed by the Secretary of Finance upon
recommendation of the LCE (the LCE
submits a list of 3 nominees for the
purpose)
The C/M Engineer also acts as building
official

Liga ng mga Barangay

League of Municipalities
League of Cities
League of Provinces

President
VP
BOD (5)
Secretary
Treasurer
Other positions

election
election
election
appointment
appointment

Vice Governors
Vice Mayors
Sanggunian members of B/M/CC/HUC/P
Other elective officials

2 barangays of the same City/Mun

Sangguniang Bayan/Panlungsod

2 municipalities of the same province

Sangguiang Panlalawigan

C/M of different provinces

Jointly referred for settlement to Sanggunian of the Provinces
concerned

CC or Mun on one hand and HUC on the other, or 2 or

more HUCs
Jointly referred for settlement to Sanggunian of the Provinces
concerned

Within 60 days: certification then formally tried by the

sanggunian concerned (decide within 60 days)
Appeal: RTC (decide within 1 year from filing)

Provinces
Cities
Municipalities in MMA

1.Legislative

enactment
2.Based on verifiable indicators and projected
capacity to provide services, to wit:
- Income
- Population
- Land area
3.Plebiscite

Sec. 10

requirement

1.P100,000,000

for the last two (2)

consecutive years based on 2000 constant
prices

Mayor X became a green card holder eight

months after his assumption to office. After
hearing about this, Mayor Xs political
opponents filed a case against him in the
court, praying that he should be removed
from service by virtue of his being a green
card holder. Mayor Xs political opponents
alleged that the qualifications provided in the
Code are continuing requirements. Hence,
notwithstanding the fact that Mayor X has
already been in service for more than 1 month
now, he may still be removed from service.
Are they correct?

Yes, Mayor Xs political opponents are correct.

Qualifications for public service are continuing
requirements and must be possessed not only at the
time of appointment on election or assumption of office
but during the officers entire tenure. Thus, once any of
the required qualifications are lost, his/her title to that
public office maybe seasonably challenged. As such,
even if Mayor X has already assumed office, his/her
title to that public office may still be challenged even if
evidence of his/her citizenship in a foreign country was
discovered only after the lapse of eight months from
his/her proclamation. (Frivaldo vs COMELEC, GR No.
87193)

No. (Aldovino, et. al., vs COMELEC and Asilo,

GR 1844836)

FALSE. Drawing of lots only.

Affirmative. The Civil Service

Commission, in its Resolution No.
001156 dated 12 May 2000, had
already the occasion to rule that the
position of Provincial Administrator is
coterminous and highly confidential in
nature and thus, is exempted from the
operation of law on nepotism. (Opinion
No. 67, s. 2002)

Nothing under the Charter (RA 8973) nor in the powers, duties
and functions of the punong barangay (Sec. 389) under the Local
Government Code authorizes said official to issue a permit to
conduct cockfighting. The only given instance where a special
permit can be issued by the city/municipal mayor and not by the
punong barangay is when cockfighting is conducted for the
entertainment of foreign dignitaries or for tourists or returning
Filipinos, commonly known as balikbayan, or for the support of
national fund-raising campaigns for charitable purpose (Sec. 5
[e], PD 449), upon resolution of the sangguniang bayan or
sangguniang panlungsod (Secs. 447, 458 [v], RA 7160) provided
that this privilege shall be extended for only one time for a
period not exceeding three (3) days within a year (DILG Opinion
No. 17, s. 2002).

It is to be noted that as barangay official, the barangay captain

receives an honorarium, while as an ex-officio sangguniang
panlungsod member being the President of the City Liga ng
mga Barangay Federation, he receives salary. Accordingly,
there is no double compensation because it is honorarium at
one hand and salary on the other. Besides, the law also
expressly allows. However, per Section 3.5 of the Department
of Budget and Management Local Budget Circular No. 66 dated
04 March 1998, a punong barangay who is at the same time
President of the Liga ng mga Barangay and consequently
sitting as ex-officio member of the sanggunian, will be allowed
to receive only a monthly honorarium as punong barangay of
not more than P1,000.00. (Opinion No. 16, s. 2002)

SP members remaining and still constituting a quorum, can validly

declare the resumption of a recessed session. Since there was
merely a recess, the subsequent resumption of the recessed
session cannot come within the prohibition under Sec. 52 (c) of the
Local Government Code that no two sessions, whether regular or
special, may be held in a single day. A recess is not the same with
adjournment. Recess simply means the time within a legislative
session when the legislative body temporarily adjourned while
adjournment refers to the postponement of the session of a
legislative body to some other day (Philippine Legal Encyclopedia,
1995). If the Presiding Officer and the other members of the SP
did not return to the session after the recess, nothing precludes
the remaining SP members, still constituting a quorum to proceed
with the session of that day there being no adjournment yet of the
same session. (Opinion No. 22, s. 2002)

The authority of the Governor to designate an

OIC of his office only applies when the
Governor travels outside the province but
within the country for a period of not
exceeding three (3) days (Sec. 46 (c), RA
7160). The power to designate OIC cannot be
made when the Local Chief Executive travels
abroad or goes on leave of absence.

Governor and Mayor

of HUC or ICC

President or his duly

authorized
representative

VG or C/M Vice Mayor LCE concerned

Members of the
VG or C/M VM
Sanggunian and its
concerned
employees
CC or Municipal
Mayor
Punong Barangay
Sangguniang
Barangay Members

Governor
C/M Mayor
Punong Barangay

Sanggunian Member:
if leave is not more than 3 months or when such
trip is to be undertaken during a period where
there is no emergency or crisis
Notify the LCE in writing, with duly accomplished
leave application filed for the approval or other
appropriate action of the LCE
If approved, approved application serves as Travel
Authorization
Before leaving, sanggunian member shall also
notify the sanggunian

If leave extends to more than 3 months or

when such trip is to be undertaken during a
period where there is no emergency or crisis
Travel Authority from the SILG is required

DILG Opinion No. 27, s. 2009

No. This would connote removal from office without

due process. The proper procedure in legallu
depriving the Sangguniang Barangay Member who
incurred absences would be to still include him in
the barangay payroll but with no corresponding
amount for his honorarium there being no services
actually rendered as basis therefor.

DILG Opinion No. 54, s. 2009

This is because they are required to render full time

service. They should therefore devote all their time
and attention to the performance of their functions.

(Wilfredo Catu vs. Atty. Vicente Rellosa, A.C. 5738,

Feb. 19, 2008)

No. According to Section 94 (a) of the Local

Government Code of 1991, an elective official,
cannot, during his tenure, be designated in any
capacity to any other public office such as acting
secretary to the Sangguniang Panlungsod.

DILG Opinion Nos. 53, s. 2009; 61, s. 2008

1.Agricultural

services
2.Health and social welfare services
3.Services and facilities related to general hygiene and
sanitation, beautification, and solid waste collection
4.Maintenance of KP
5.Maintenance of barangay roads abd bridges and
water supply systems
6.Infrastructure facilities
7.Information and reading center
8.Satellite or public market, where viable
Sec. 17

2/3 vote of all members of the

sanggunian

Sec. 21 (b)

1.
2.
3.
4.
5.
6.
7.

To have continuous succession in its corporate

name
To sue and be sued
To have and use a corporate seal
To enter into contracts
To acquire and convey real or personal
property
To enter into contracts
To exercise such other powers as are granted
to corporations, subject to the limitations
provided in the Code and other laws

One (1) year

What is the age requirement for
candidates?
Governor, Vice Gov, SP Member, Mayor, VM,
SP Member of HUCs: at least 23 y/o on
election day
Mayor, VM of ICCs, CCs or Municipalities: at
least 21 y/o on election day
SP or SB Members: at least 18 y/o on
election day
Puong Barangay: at least 18 y/o on election

1.

2.

3.

4.
5.

6.

7.

Those sentenced by final judgment for an offense involving moral

turpitude or for an offense punishable by one year or more of
imprisonment, within 2 years after serving sentence;
Those removed from office as a result of an administrative
offense;
Those convicted by final judgment for violating the oath of
allegiance to the Republic;
Those with dual citizenship;
Fugitives from justice in criminal or nonpolitical cases here or
abroad;
Permanent residents in a foreign country or those who have
acquired the right to reside abroad and continue to avail of the
same right after the effectivity of the Code; and
The insane or feeble-minded

It includes the power to enact

ordinances, approve resolutions and
appropriate funds for the general
welfare.
Section 390 (Barangay)
Section 447 (Municipality)
Section 458 (City)
Section 464 (Province)

Can the Sanggunian compel

the attendance of any person
in aid of legislation?

NO. Legislative power is the power of

local sanggunians to enact rules or
regulations, which may be embodied in
the form of an ordinance or a
resolution of local application and
having the force and effect of law. In
the exercise of legislative powers, the
sanggunian has no compulsory process
to require persons to appear before it.
(Negros Oriental II Electric Cooperative
vs Sangguniang Panlungsod of
Dumaguete City, 155 SCRA421)

Can the Sangguniang

Panlalawigan amend/repeal a
municipal ordinance?
No. Only the Sangguniang Bayan
may amend/repeal its own
legislative measures.

The Local Government Code is silent on this. However, applying the ruling of the case of
Gamboa, Jr. vs. Aguirre, Jr., we are compelled to answer in the affirmative that a member of
a local legislative body who is effectively absent is not considered in the determination of
the basis for quorum of said body. In the said Supreme Court ruling, when a vice-governor
becomes acting governor, he is deemed as being effectively absent from the office of the
vice-governor and presiding officer of the sangguniang panlalawigan. Otherwise stated, the
vice-governor has disabled himself in acting on the official and business transactions of the
sangguniang panlalawigan while he is acting governor. To elaborate in the Gamboa case:

(A) Vice-Governor who is concurrently an Acting Governor is actually a quasi-Governor.
This means that for purposes of exercising his legislative prerogatives and powers,
he is deemed as a non-member of the SP for the time being xxx. (Underscoring supplied).

Applied to the instant case, a city councilor (or similar to a vice-governor who is
currently acting governor) who has disabled himself from acting on official and business
transactions of his office during the time of a sangguniang panlungsod session is effectively
absent/temporarily incapacitated during that sangguniang panlungsod session and this has
the effect of making him a non-member of the local legislative body for the time being.
Accordingly, the membership of the latter is necessarily reduced.

Grounds for Veto:

1. The ordinances or parts thereof are ultra vires
2. the ordinances or parts thereof are prejudicial to the public
welfare
Ultra vires means that the ordinances or parts thereof are
beyond the power of the sanggunian to enact
The veto may apply to:
1. Entire ordinance; or
2. Particular items of certain ordinances such as: (a)
appropriation ordinances; (b) ordinancesc adopting local
development plans and public investment programs; and
(c) ordinances directing payment of money or creating
liability against the province, city or municipality
Effect of Veto:
(a) If an entire ordinance is vetoed, the ordinance is
considered dead, that is, unenforceable for all intents and
purposes;
(b) If only certain items are vetoed as in the case of
appropriation ordinances, then only the vetoed items are

May the sanggunian discuss matters

other than the IRP on its first
session?
Yes. There is no prohibition on it.
What the law mandates is the
adoption of rules of procedure on the
first regular session following the
election of its members.

It is not ministerial but discretionary. The grant of the veto

power confers authority beyond the simple mechanical act of
signing an ordinance or resolution, as a requisite to its
enforceability. Such power accords the LCE the discretion to
sustain a resolution or ordinance in the first instance or to
veto it and return it with his objections to the sanggunian,
which may proceed to reconsider the same. The sanggunian
concerned, however, may override the veto by 2/3 vote of all
its members thereby making the ordinance or resolution
effective for all legal intents and purposes xxx the
concurrence of a local chief executive in the enactment of an
ordinance or resolution requires, not only a flourish of the
pen, but the application of judgment after meticulous analysis
and intelligence as well. Delos Reyes vs Sandiganbayan, Third Division
(281 SCRA 631), 1981

- Can a vetoed ordinance not

overriden be submitted for
review?

1.

2.
3.
4.

5.
6.

Must not contravene the Constitution or

any statute
Must not be unfair or oppressive
Must not be partial or discriminatory
Must be general and consistent with
public policy
Must not be unreasonable
Must not prohibit but may only regulate

KINDS:
1. REGULAR (52 (a))
2. SPECIAL (52 (b))

An elective local official may be censured,

reprimanded, suspended or removed
from office after due notice and hearing
on any of the following grounds:
a.Disloyalty to the Republic of the
Philippines
b.Culpable violation of the Constitution
c. Dishonesty, oppression, misconduct in
office, gross negligence or dereliction of
duty

Commission f any offense involving

moral turpitude or an offense
punishable by at least prision mayor
Moral turpitude an act of baseness,
vileness, or depravity in the private
duties which a man owes his fellow
men, or to society in general, contrary
to the accepted and customary rule of
right and duty between man and
woman or conduct contrary to justice,
honesty, or good morals [De la Torre
vs COMELEC, 258 SCRA 483 (1986)]
d.

Examples of crimes involving moral

turpitude:
Rape,
Adultery,
Bigamy,
Arson,
Falsification of Public Documents,
Estafa, thru falsification, Evasion of
Income Tax, Bribery, Blackmail,
Liberl, Perjury, Seduction, Mutilation
of
Public
Records,
Murder,
Malversation,
Drug
Smuggling,
Extortion

e.
e.

f.

g.

Abuse of authority
Unauthorized absences for 15
consecutive working days (except for
members of the sanggunian who are
penalized for such absences under Sec.
50 (b)(5)
Application for or acquisition of foreign
citizenship or residence or the status or
an immigrant of another country
Such other grounds as maybe provided
in this code and other laws

Art. 125 of the IRR adds that an elective

local official may be disciplined on such
other grounds provided by the Code, RA
6713, Administrative Code of 1987, RA
3019, the Revised Penal Code, and all other
applicable general and special laws

 Note:

Elective local officials may be

removed from office on the grounds
enumerated by order of the proper
court

Sangguniang barangay of Barangay Don

Mariano Marcos, Bayombong, Nueva
Vizcaya vs PB Severino Martinez (GR No.
170626, March 3, 2008