Republic Act No. 7160 October 10, 1991 reasons for such decision.
reasons for such decision. Copies of said decision shall immediately be
Setion 41(b) Amended by RA 8553
Setion 43 Amended by RA 8553
AN ACT PROVIDING FOR A LOCAL GOVERNMENT CODE OF
1991
The Local Government Code
Section 18. Power to Generate and Apply Resources. - Local
government units shall have the power and authority to establish an
organization that shall be responsible for the efficient and effective
implementation of their development plans, program objectives and
priorities; to create their own sources of revenues and to levy taxes, fees,
and charges which shall accrue exclusively for their use and disposition
and which shall be retained by them; to have a just share in national taxes
which shall be automatically and directly released to them without need of
any further action; to have an equitable share in the proceeds from the
utilization and development of the national wealth and resources within
their respective territorial jurisdictions including sharing the same with the
inhabitants by way of direct benefits; to acquire, develop, lease, encumber,
alienate, or otherwise dispose of real or personal property held by them in
their proprietary capacity and to apply their resources and assets for
productive, developmental, or welfare purposes, in the exercise or
furtherance of their governmental or proprietary powers and functions and
thereby ensure their development into self-reliant communities and active
participants in the attainment of national goals.
Section 66. Form and Notice of Decision. -
(a) The investigation of the case shall be terminated within ninety (90)
days from the start thereof. Within thirty (30) days after the end of the
investigation, the Office of the President or the sanggunian concerned shall
render a decision in writing stating clearly and distinctly the facts and the
furnished the respondent and all interested parties.
(b) The penalty of suspension shall not exceed the unexpired term of the
respondent or a period of six (6) months for every administrative offense,
nor shall said penalty be a bar to the candidacy of the respondent so
suspended as long as he meets the qualifications required for the office.
(c) The penalty of removal from office as a result of an administrative
investigation shall be considered a bar to the candidacy of the respondent
for any elective position.
CHAPTER II
Share of Local Government Units in the National Wealth
Section 289. Share in the Proceeds from the Development and
Utilization of the National Wealth. - Local government units shall have
an equitable share in the proceeds derived from the utilization and
development of the national wealth within their respective areas, including
sharing the same with the inhabitants by way of direct benefits.
Section 290. Amount of Share of Local Government Units. - Local
government units shall, in addition to the internal revenue allotment, have
a share of forty percent (40%) of the gross collection derived by the
national government from the preceding fiscal year from mining taxes,
royalties, forestry and fishery charges, and such other taxes, fees, or
charges, including related surcharges, interests, or fines, and from its share
in any co-production, joint venture or production sharing agreement in the
utilization and development of the national wealth within their territorial
jurisdiction.
Section 291. Share of the Local Governments from any Government
Agency or Owned or Controlled Corporation. - Local government units
shall have a share based on the preceding fiscal year from the proceeds
derived by any government agency or government-owned or controlled
corporation engaged in the utilization and development of the national
wealth based on the following formula whichever will produce a higher
share for the local government unit:
(a) One percent (1%) of the gross sales or receipts of the preceding
calendar year; or
(b) Forty percent (40%) of the mining taxes, royalties, forestry and fishery
charges and such other taxes, fees or charges, including related surcharges,
interests, or fines the government agency or government owned or
controlled corporation would have paid if it were not otherwise exempt.
Section 292. Allocation of Shares. - The share in the preceding Section
shall be distributed in the following manner:
(a) Where the natural resources are located in the province:
(1) Province - Twenty percent (20%);
(2) Component City/Municipality - Forty-five percent (45%); and
(3) Barangay - Thirty-five percent (35%)
Provided, however, That where the natural resources are located in two (2)
or more provinces, or in two (2) or more component cities or
municipalities or in two (2) or more barangays, their respective shares
shall be computed on the basis of:
(1) Population - Seventy percent (70%); and
(2) Land area - Thirty percent (30%)
(b) Where the natural resources are located in a highly urbanized or
independent component city:
(1) City - Sixty-five percent (65%); and
(2) Barangay - Thirty-five percent (35%)
Provided, however, That where the natural resources are located in such
two (2) or more cities, the allocation of shares shall be based on the
formula on population and land area as specified in paragraph (a) of this
Section.
Section 293. Remittance of the Share of Local Government Units. -
The share of local government units from the utilization and development
of national wealth shall be remitted in accordance with Section 286 of this
Code: Provided, however, That in the case of any government agency or
government-owned or controlled corporation engaged in the utilization
and development of the national wealth, such share shall be directly
remitted to the provincial, city, municipal or barangay treasurer concerned
within five (5) days after the end of each quarter.
Section 294. Development and Livelihood Projects. - The proceeds from
the share of local government units pursuant to this chapter shall be
appropriated by their respective sanggunian to finance local government
and livelihood projects: Provided, however, That at least eighty percent
(80%) of the proceeds derived from the development and utilization of
hydrothermal. geothermal, and other sources of energy shall be applied
solely to lower the cost of electricity in the local government unit where
such a source of energy is located.
 Act No. 7160 otherwise known as the Local Government Code of 1991. In
Republic Act No. 7638 December 9, 1992 case the development and utilization of mineral resources is undertaken by
a government-owned or -controlled corporation, the sharing and allocation
AN ACT CREATING THE DEPARTMENT OF ENERGY shall be in accordance with Sections 291 and 292 of the said Code.
RATIONALIZING THE ORGANIZATION AND FUNCTIONS OF
GOVERNMENT AGENCIES RELATED TO ENERGY AND FOR
OTHER PURPOSES

"Department of Energy Act of 1992."

Section 5. Powers and Functions. The Department shall have the

following powers and functions:

(i) Devise ways and means of giving direct benefits to the

province, city, or municipality, especially the community and
people affected, and equitable and preferential benefit to the
region that hosts the energy resource and/or the energy-
generating facility: Provided, however, That the other
provinces, cities, municipalities, or regions shall not be
deprived of their energy requirements;

REPUBLIC ACT NO. 7942 March 3, 1995

AN ACT INSTITUTING A NEW SYSTEM OF MINERAL

RESOURCES EXPLORATION, DEVELOPMENT, UTILIZATION,
AND CONSERVATION

"Philippine Mining Act of 1995."

Section 82
Allocation of Government Share

The Government share as referred to in the preceding sections shall be

shared and allocated in accordance with Sections 290 and 292 of Republic
LGC of 1991
Section 149. Fishery Rentals, Fees and Charges. -
(b) The sangguniang bayan may:
(1) Grant fishery privileges to erect fish corrals, oysters, mussels or
other aquatic beds or bangus fry areas, within a definite zone of
the municipal waters, as determined by it: Provided, however,
That duly registered organizations and cooperatives of marginal
fishermen shall have the preferential right to such fishery
privileges: Provided, further, That the sangguniang bayan may
require a public bidding in conformity with and pursuant to an
ordinance for the grant of such privileges: Provided, finally, That
in the absence of such organizations and cooperatives or their
failure to exercise their preferential right, other parties may
participate in the public bidding in conformity with the above
cited procedure.
"The Philippine Fisheries Code of 1998."
Section 2. Declaration of Policy. - It is hereby declared the policy of the
State:
(d) to protect the rights of fisherfolk, especially of the local communities
with priority to municipal fisherfolk, in the preferential use of the
municipal waters. Such preferential use, shall be based on, but not limited
to, Maximum Sustainable Yield (MSY) or Total Allowable Catch (TAC)
on the basis of resources and ecological conditions, and shall be consistent
with our commitments under international treaties and agreements;
57. Municipal fishing - refers to fishing within municipal waters using
fishing vessels of three (3. gross tons or less, or fishing not requiring the
use of fishing vessels.
58. Municipal waters - include not only streams, lakes, inland bodies of
water and tidal waters within the municipality which are not included
within the protected areas as defined under Republic Act No. 7586 (The
NIPAS Law), public forest, timber lands, forest reserves or fishery
reserves, but also marine waters included between two (2. lines drawn
perpendicular to the general coastline from points where the boundary
lines of the municipality touch the sea at low tide and a third line parallel
with the general coastline including offshore islands and fifteen (15.
kilometers from such coastline. Where two (2. municipalities are so
situated on opposite shores that there is less than thirty (30. kilometers of
marine waters between them, the third line shall be equally distant from
opposite shore of the respective municipalities.
Section 6. Fees and Other Fishery Charges. - The rentals for fishpond
areas covered by the Fishpond Lease Agreement (FLA) and license fees
for Commercial Fishing Boat Licenses (CFBL) shall be set at levels that
reflect resource rent accruing from the utilization of resources and shall be
determined by the Department: Provided, That the Department shall also
prescribe fees and other fishery charges and issue the corresponding
license or permit for fishing gear, fishing accessories and other fishery
activities beyond the municipal waters: Provided, further, That the license
fees of fishery activity in municipal waters shall be determined by the
Local Government Units (LGUs) in consultation with the FARMCs. The
FARMCs may also recommend the appropriate license fees that will be
imposed.
Section 7. Access to Fishery Resources. - The Department shall issue such
number of licenses and permits for the conduct of fishery activities subject
to the limits of the MSY of the resource as determined by scientific studies
or best available evidence. Preference shall be given to resource users in
the local communities adjacent or nearest to the municipal waters.
Section 8. Catch Ceiling Limitations. - The Secretary may prescribe
limitations or quota on the total quantity of fish captured, for a specified
period of time and specified area based on the best available evidence.
Such a catch ceiling may be imposed per species of fish whenever
necessary and practicable: Provided, however, That in municipal waters
and fishery management areas, and waters under the jurisdiction of special
agencies, catch ceilings may be established upon the concurrence and
approval or recommendation of such special agency and the concerned
LGU in consultation with the FARMC for conservation or ecological
purposes.
Section 9. Establishment of Closed Season. - The Secretary may declare,
through public notice in at least two (2) newspapers of general circulation
or in public service announcements, whichever is applicable, at least five
(5) days before the declaration, a closed season in any or all Philippine
waters outside the boundary of municipal waters and in bays, for
conservation and ecological purposes. The Secretary may include waters
under the jurisdiction of special agencies, municipal waters and bays,
and/or other areas reserved for the use of the municipal fisherfolk in the
area to be covered by the closed season: Provided, however, That this shall
be done only upon the concurrence and approval or recommendation of
such special agency and the concerned LGU and FARMC: Provided,
further, That in municipal waters, fishery management areas and other
areas reserved for the use of the municipal fisherfolk, closed season may
be established by the concerned LGU in consultation with the FARMC for
conservation or ecological purposes. The FARMCs may also recommend
the establishment of closed seasons in municipal waters, fisheries
management and other areas reserved for the use of the municipal
fisherfolk.
ARTICLE I
MUNICIPAL FISHERIES
Section 16. Jurisdiction of Municipal/City Government. - The
municipal/city government shall have jurisdiction over municipal waters
as defined in this Code. The municipal/city government, in consultation
with the FARMC shall be responsible for the management, conservation,
development, protection, utilization, and disposition of all fish and
fishery/aquatic resources within their respective municipal waters.
The municipal/city government may, in consultation with the FARMC,
enact appropriate ordinances for this purpose and in accordance with the
National Fisheries Policy. The ordinances enacted by the municipality and
component city shall be reviewed pursuant to Republic Act No. 7160 by
the sanggunian of the province which has jurisdiction over the same.
The LGUs shall also enforce all fishery laws, rules and regulations as well
as valid fishery ordinances enacted by the municipal/city council.
The management of contiguous fishery resources such as bays which
straddle several municipalities, cities or provinces, shall be done in an
integrated manner, and shall not be based on political subdivisions of
municipal waters in order to facilitate their management as single resource
systems. The LGUs which share or border such resources may group
themselves and coordinate with each other to achieve the objectives of
integrated fishery resource management. The Integrated Fisheries and
Aquatic Resources Management Councils (FARMCs) established under
Section 76 of this Code shall serve as the venues for close collaboration
among LGUs in the management of contiguous resources.
Section 17. Grant of Fishing Privileges in Municipal Waters. - The duly
registered fisherfolk organizations/cooperatives shall have preference in
the grant of fishery rights by the Municipal/City Council pursuant to
Section 149 of the Local Government Code: Provided, That in areas where
there are special agencies or offices vested with jurisdiction over
municipal waters by virtue of special laws creating these agencies such as,
but not limited to, the Laguna Lake Development Authority and the
Palawan Council for Sustainable Development, said offices and agencies
shall continue to grant permits for proper management and implementation
of the aforementioned structures.
Section 18. Users of Municipal Waters. - All fishery related activities in
municipal waters, as defined in this Code, shall be utilized by municipal
fisherfolk and their cooperatives/organizations who are listed as such in
the registry of municipal fisherfolk.
The municipal or city government, however, may, through its local chief
executive and acting pursuant to an appropriate ordinance, authorize or
permit small and medium commercial fishing vessels to operate within the
ten point one (10.1) to fifteen (15) kilometer area from the shoreline in
municipal waters as defined herein, provided, that all the following are
met:
(a) no commercial fishing in municipal waters with depth less than
seven (7) fathoms as certified by the appropriate agency;
Section 19. Registry of Municipal Fisherfolk. - The LGU shall maintain a
registry of municipal fisherfolk, who are fishing or may desire to fish in
municipal waters for the purpose of determining priorities among them, of
limiting entry into the municipal waters, and of monitoring fishing
activities an/or other related purposes: Provided, That the FARMC shall
submit to the LGU the list of priorities for its consideration.
Section 51. License to Operate Fish Pens, Fish Cages, Fish Traps and
Other Structures for the Culture of Fish and Other Fishery Products. - Fish
pens, fish cages, fish traps and other structures for the culture of fish and
other fishery products shall be constructed and shall operate only within
established zones duly designated by LGUs in consultation with the
FARMCs concerned consistent with national fisheries policies after the
corresponding licenses thereof have been secured. The area to be utilized
for this purpose for individual person shall be determined by the LGUs in
consultation with the concerned FARMC: Provided, however, That not
over ten percent (10%) of the suitable water surface area of all lakes and
rivers shall be allotted for aquaculture purposes like fish pens, fish cages
and fish traps; and the stocking density and feeding requirement which
shall be controlled and determined by its carrying capacity: Provided,
further, That fish pens and fish cages located outside municipal waters
shall be constructed and operated only within fish pen and fish cage belts
designated by the Department and after corresponding licenses therefor
have been secured and the fees thereof paid.
ARTICLE II
THE FISHERIES AND AQUATIC RESOURCES MANAGEMENT
COUNCILS (FARMCs)
Section 68. Development of Fisheries and Aquatic Resources in Municipal
Waters and Bays. - Fisherfolk and their organizations residing within the
geographical jurisdiction of the barangays, municipalities or cities with the
concerned LGUs shall develop the fishery/aquatic resources in municipal
waters and bays.
Section 69. Creation of Fisheries and Aquatic Resources Management
Councils (FARMCs). - FARMCs shall be established in the national level
and in all municipalities/cities abutting municipal waters as defined by this
Code. The FARMCs shall be formed by fisherfolk
organizations/cooperatives and NGOs in the locality and be assisted by the
LGUs and other government entities. Before organizing FARMCs, the
LGUs, NGOs, fisherfolk, and other concerned POs shall undergo
consultation and orientation on the formation of FARMCs.