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PRESIDENTIAL DECREE NO. 826
PRESIDENTIAL DECREE NO. 826
- CHANGING THE NAMES OF PROVINCIAL BOARDS AND CITY OR MUNICIPAL BOARDS
OR COUNCILS INTO SANGGUNIANG BAYAN, AND INCREASING THE MEMBERSHIP
THEREOF
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WHEREAS,
there has been an increasing demand for greater participation of the
citizenry in the affairs of the government;chanroblesvirtualawlibrary
WHEREAS, in the pursuit of such participation, barangays all over the
country have, through their Barangay Federation, communicated their
desire for the broadening of citizen participation in local
policy-making by increasing the present membership of provincial boards
and city or municipal boards or councils, as the case may be; and
WHEREAS, it is deemed necessary to give the people greater voice in the
administration of their local affairs, and a better perception of the
problems and the solutions thereof geared toward accelerating national
growth and progress;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of powers in me vested by the Constitution, do hereby decree
and order, as part of the law of the land, the following:cralaw:red
Section 1. Creation and Organization of Sangguniang
Bayan. — There shall be a Sangguniang Bayan in every province, city and
municipality and for this purpose, the existing provincial boards and
city or municipal boards or councils in every province, city or
municipality shall be renamed and henceforth be known as "Sangguniang
Bayan."
Section 2. Membership. — In the provinces, the
Sangguniang Bayan shall be composed of the incumbent members of the
existing provincial boards, including the vice-governors (all of whom
shall become members of the Sanggunian upon promulgation of this Decree
and until December 31, 1975) and a representative from each of the
municipalities within the territorial jurisdiction of the province and
the President of the Katipunan ng Mga Kabataang Barangay in the
province.
The representative from each of the municipalities in the Sanggunian
shall be chosen by and among the members of the Sangguniang Bayan in
these municipalities.
In the cities and municipalities, it shall be composed of the members
of the existing municipal or city councils, including the vice-mayors
(who shall become members of the Sangguniang Bayan upon the
promulgation of this Decree and until December 31, 1975) and as many
barangay captains and representatives from other sectors of the
community as there are members of the existing city or municipal board
or council to be appointed by the President or his duly authorized
representative, upon the recommendation of the local unit concerned,
through the Secretary of Local Government and Community Development and
the President of the Katipunan ng Mga Kabataang Barangay in the city or
municipality. chanroblesvirtualawlibrary
The provincial governors, city or municipal mayors shall be presiding
officers of the Sangguniang Bayan in their province, city or
municipality.
Section 3. Allowance of Members. — Existing
provisions of law to the contrary notwithstanding, members of the
Sangguniang Bayan shall not collect salaries or compensation except per
diems and reasonable allowances, on reimbursement basis, as may be
determined by the particular Sangguniang Bayan and subject to approval
of the Secretary of Local Government and Community Development.
Section 4. Meetings of the Sanggunian. — Each
Sangguniang Bayan shall prescribe with the approval of the Secretary of
Local Government and Community Development, the number of regular or
special sessions it holds; the frequency of which shall be based on the
necessity therefor. The meetings of the Sangguniang Bayan shall, unless
impracticable, be open to the public.
Section 5. Powers and functions. — Except as herein
provided, the Sangguniang Bayan shall exercise the powers, duties and
functions now vested in the provincial boards, city councils and
municipal councils, as the case may be.
Section 6. Repealing Clause. — Nothing in this Decree
shall be construed as amending, modifying or otherwise repealing any
and all of the provisions of Presidential Decree No. 824, creating the
Metropolitan Manila and the Metropolitan Manila Commission. chanroblesvirtualawlibrary
All other laws or parts of laws, as well as all executive orders or
regulations inconsistent herewith are hereby repealed or modified
accordingly.
Section 7. Effectivity. — This Decree shall take
effect upon approval.
Done in the City of Manila,
this 14th day of November, in the year of Our Lord, nineteen hundred
and seventy-five.
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