Republic of the Philippines

Congress of the Philippines

Metro Manila

Eighth Congress

Republic Act No. 7160 October 10, 1991

Setion 41(b) Amended by RA 8553
Setion 43 Amended by RA 8553

AN ACT PROVIDING FOR A LOCAL GOVERNMENT CODE OF 1991

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled::

BOOK I
GENERAL PROVISIONS

TITLE I
BASIC PRINCIPLES

CHAPTER I
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. -

(a) It is hereby declared the policy of the State that the territorial and political subdivisions of
the State shall enjoy genuine and meaningful local autonomy to enable them to attain their
fullest development as self-reliant communities and make them more effective partners 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.

(b) It is also the policy of the State to ensure the accountability of local government units
through the institution of effective mechanisms of recall, initiative and referendum.

(c) It is likewise the policy of the State to require all national agencies and offices to conduct
periodic consultations with appropriate local government units, nongovernmental and
people's organizations, and other concerned sectors of the community before any project or
program is implemented in their respective jurisdictions. 1awphil.net

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. They shall also
discharge the functions and responsibilities of national agencies and offices devolved to
them pursuant to this Code. Local government units shall likewise exercise such other
powers and discharge such other functions and responsibilities as are necessary,
appropriate, or incidental to efficient and effective provisions of the basic services and
facilities enumerated herein.

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

(1) For Barangay:

(ii) Health and social welfare services which include maintenance of

barangay health center and day-care center;

(iii) Services and facilities related to general hygiene and sanitation,

beautification, and solid waste collection;

(2) For a Municipality:

(iii) 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;

(iv) 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;

(vi) Solid waste disposal system or environmental management system and

services or facilities related to general hygiene and sanitation;

(viii) Infrastructure facilities intended primarily to service the needs of the

residents of the municipality and which are funded out of municipal funds
including but not limited to, municipal roads and bridges; school buildings and
other facilities for public elementary and secondary schools; clinics, health
centers and other health facilities necessary to carry out health services;
communal irrigation, small water impounding projects and other similar
projects; fish ports; artesian wells, spring development, rainwater collectors
and water supply systems; seawalls, dikes, drainage and sewerage, and
flood control; traffic signals and road signs; and similar facilities;

(3) For a Province:

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

(c) Notwithstanding the provisions of subsection (b) hereof, public works and infrastructure
projects and other facilities, programs and services funded by the national government under
the annual General Appropriations Act, other special laws, pertinent executive orders, and
those wholly or partially funded from foreign sources, are not covered under this Section,
except in those cases where the local government unit concerned is duly designated as the
implementing agency for such projects, facilities, programs, and services.

(e) National agencies or offices concerned shall devolve to local government units the
responsibility for the provision of basic services and facilities enumerated in this Section
within six (6) months after the effectivity of this Code.

As used in this Code, the term "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.

(f) The national government or the next higher level of local government unit may provide or
augment the basic services and facilities assigned to a lower level of local government unit
when such services or facilities are not made available or, if made available, are inadequate
to meet the requirements of its inhabitants.

(h) Regional offices of national agencies or offices whose functions are devolved to local
government units as provided herein shall be phased out within one (1) year from the
approval of this Code. Said national agencies and offices may establish such field units as
may be necessary for monitoring purposes and providing technical assistance to local
government units. The properties, equipment, and other assets of these regional offices shall
be distributed to the local government units in the region in accordance with the rules and
regulations issued by the oversight committee created under this Code.

TITLE V
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.

(b) The functions of the local health board shall be:

(1) To propose to the sanggunian concerned, in accordance with standards and

criteria set by the Department of Health, annual budgetary allocations for the
operation and maintenance of health facilities and services within the municipality,
city or province, as the case may be;

(2) To serve as an advisory committee to the sanggunian concerned on health

matters such as, but not limited to, the necessity for, and application of local
appropriations for public health purposes; and

missing page 31

(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
provisions 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;

(4) In addition to the foregoing duties and functions, the health officer shall:

(i) Formulate and implement policies, plans, programs and projects to

promote the health of the people in the local government unit concerned;
 (ii) Advise the governor or mayor, as the case may be, and the sanggunian
on matters pertaining to health;

(iii) Execute and enforce laws, ordinances and regulations relating to public
health;

(iv) Recommend to the sanggunian, through the local health board, the
passage of such ordinances as he may deem necessary for the preservation
of public health;

(v) Recommend the prosecution of any violation of sanitary laws, ordinances

or regulations;

(vi) Direct the sanitary inspection of all business establishments selling food
items or providing accommodations such as hotels, motels, lodging houses,
pension houses, and the like, in accordance with the Sanitation Code;

(vii) Conduct health information campaigns and render health intelligence

services;

(viii) Coordinate with other government agencies and non-governmental

organizations involved in the promotion and delivery of health services; and

(ix) In the case of the provincial health officer, exercise general supervision
over health officers of component cities and municipalities; and

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

(c) Exercise such other powers and perform such other duties and functions as may be
prescribed by law or ordinance.

Section 535. Separability Clause. - If, for any reason or reasons, any part or provision of this Code
shall be held to be unconstitutional or invalid, other parts or provisions hereof which are not affected
thereby shall continue to be in full force and effect.

Section 536. Effectivity Clause. - This Code shall take effect on January first, nineteen hundred
ninety-two, unless otherwise provided herein, after its complete publication in at least one (1)
newspaper of general circulation.

Approved: October 10, 1991