Beruflich Dokumente
Kultur Dokumente
and
I.
Historians say that had it not been for the entry of the Spanish colonizers,
Islam would have been deeply embedded on Philippine history even more
than what is manifested by both culture and tradition today. Needless to say,
before the historic landing of Magellans ship in the island of Cebu, there had
been a system of living among the citizens of the land. This system of life is
composed of different aspects, one of which is relationship between man and
man within a community. Life in the community would have been disorderly
and chaotic had they not adopted a system of governance. However, at this
point, it would be fundamental to define the limits of the local government
system referred to in this study.
What is a local government? According to the Local Government Code of
1991, local governments are institutions more commonly seen in relation to
the national government and non-governmental organizations. For the
purpose of this study, then, a local government shall be understood as that
institution which is a product of decentralization of not only powers but also
responsibilities of the national government tasked to provide the needs of
the members of its community and to share in the achievement of national
goals through the use of adequate resources from the local community itself
and its share in the states resources. From this definition, then, a local
government system is the structure of different local governments
interconnected by their role in the achievement of the national goals, their
responsibilities as assigned by the national government and their powers as
entrusted by the same national government.
It is safe to say that before the western colonizers came, there was actually
no local government system. Yes, there were localized forms of governance
as executed by the communities chosen leaders, but there was no overhead
government from which power, function and responsibilities devolved from.
To say that there was a system because of the existence of local units of
governments all over the Philippines at that time even if there was no
centralized government above them all is to contradict the set definition of
local government system by which this study will stand.
For the purpose of presenting a transition from the kind of governance
Filipinos who lived throughout the history experienced, this study will include
a discussion on barangay, the fundamental entity best known to have
governed communities before the western colonizers came. Historians
provide us with a glimpse of the local governance in the Philippines during
the pre-colonial era through the coming of Islam into the archipelago.
In Pacifico A. Agabins Mestizo: The Story of the Philippine Legal System, he
told the story of the how Islam entered the Philippines and helped form the
country in ways which are still very evident today. The Sultanate in Sulu was
the first Muslim community to establish a centralized government in 1450. It
was established by Harim Abubakar who came from a long sharif1 lineage.
Meanwhile, the sultanate of Maguindanao was established by Sharif
Kabungsuan who came to the Philippines around 1511 after the fall of
Malacca and other nearby places to the Dutch colonists.2
The sultanates took the form of a centralized government in the regions
they considered their territory. Note that, this does not contradict the
authors position that there was no local government system in the
Philippines before the western colonizers came. Subordinate to the Sultans
who ruled the sultanates were the rajahs and datus who headed the
barangays.
In the pre-conquest Philippines, barangay3 was a political entity that was the
closest thing that the country had to a government. It was a distinct
community which represented a separate jurisdiction that had its own rules
and interests. Each barangay had an independent system of law. The
barangay is constituted by autonomous households who are related to each
other by consanguinity. The barangay is dominated by the household of the
datu.
A datu was considered the chief of the barangay. As the chief, he executed
the laws received by him. This means that the laws were created within the
community and passed on from generation to generation. This is contrary to
the belief that the datus themselves created the law within the barangay.
Most, if not all laws, are custom laws which are preserved in songs and
chants taught by the elders to the younger generations. They were deemed
to have been given by an all-knowing one or being and so also deemed to
be complete. The members of the barangay, particularly the elders, found no
need to modify or add to them.
The relationship between barangays is akin to the relationship of nationstates in modern day. As a support to this studys theory that there was no
local government system during pre-colonial times, there was no central
authority that supervised over inter-barangay relations. The barangays are
motivated to keep relations with each other to preserve security from
external forces and to enable trade growth.
Barangays, in essence, may be compared to local government units (LGUs)
since they operate to cater to the needs of a smaller scale of community.
However, it is different in the modern conception of a local government since
LGUs powers are devolved from a national authority which was non-existent
during the pre-conquest era.
II.
In 1521, Ferdinand Magellan came into the island of Mactan, Cebu. This
momentous landing marked the beginning of the interweaving of Spanish
and Filipino culture and customs in all aspects of life. Be it in labor, everyday
life or governance, there was and is Spanish influence.
From barangays consisting of thirty to fifty families, communities were
rearranged into towns or pueblos consisting of an average for five hundred
families. Each pueblo would contain an average of ten barangays. This new
arrangement helped to facilitate tribute collection and administration.
The pueblo families were required to bring their produce to the regime during
the annual compras4. The purchase was known to be far from equitable due
to fraudulent weighing scales and arbitrary pricing. The men from the
pueblos were also required to contribute forty unpaid labor days which were
spent away from their homes and were even stretched to months.5
The Philippines, being a colony of Spain, received situado or operating
subsidy from Mexico, the Philippines enjoyed autonomous dependency until
19216. This, along with taxes collected from both Manila and Acapulco
constituted the fund used for the infrastructure of the colonial government
established by the Spaniards7.
According to investigation conducted by Schurmann Commission of 1899,
the Spanish colonial government was characterized by excessive
centralization.8 However, this is a controversial view since evidence shows
that local governments during this period, particularly provincial
governments, enjoyed autonomy in the same way the colonial government
enjoyed this autonomy from Madrid and Acapulco 9. The central government
which was headquartered in Manila was so understaffed that they had to rely
on Church figures to help them in governance. The affairs of local
governments during this time were highly influenced by friars. This part of
history was most popularly reflected in Jose Rizals novels. They themselves
4 Government buys their products and other goods.
5 The discussion on pueblos can be found in Corpuz, O.D. (1992) Land and
Agriculture in the Philippines: An Economic History Perspective. Philippine Review of
Business and Economics, XXIX(2), pp. 138-139
6 Skowronek, R. K. (1998) The Spanish Philippines: Archaeological Perspectives on
Colonial Economics and Society. International Journal of Historical Archaeology, 2(1),
p. 48.
7 Ibid.
8 Hutchcroft, P. D. (2000) Colonial Masters, National Politicos, and Provincial Lords: Central
Authority and Local Autonomy in the American Philippines, 1900-1913. Journal of Asian
Studies, 59(2), p. 283.Hutchcroft gave an overview of the Spanish colonial governments
form by presentation of evidence of the autonomy of local governments and the influence of
both Church figures and landed elites who held power over the citizens.
9 Ibid.
4
were beyond the reach of the secular superiors and even their ecclesiastical
superiors from Spain.10
The Spanish period is characterized by the strengthening of local autonomies
and identities both in governance and trade11. Local elites continued to
garner power over their communities as this autonomy in trade, most
especially agriculture, grew and developed into a form of economic isolation.
These elites constituted the provincial governors who established
autonomous fiefdoms which were beyond the reach of the central
government in Manila. Despite the attempt at breaking down this dangerous
form of autonomy experienced today, it is indeed dangerous however
ordinary it might seem to present citizens the autonomy was never fully
demolished.
The dynamics among pueblo families was mostly characterized by how the
prominent families where the heads of the pueblos and barangays came
from interacted with the provincial governors who were Spanish. In reality,
and in the eyes of the other Filipinos, they acted like servants or dummies to
these Spanish. It came to the point that they tried so hard to please them
that they celebrated Catholic fiestas and festivals extravagantly which made
them have to pawn their lands to these governors or even to the friars in
their towns.12
Central authority was made evident by their power to appoint persons who
will hold provincial posts. As aforementioned, however, the central
government was understaffed and so this power to appoint was not its
strongest feature and did not add much to its legitimacy.
10 Ibid.
11 Ibid.
12 Corpuz, op. cit., p. 141
5
III.
17 Ibid., p. 286.
18 Ibid.
7
IV.
From all the foregoing discussions on the different colonization periods and
the forms of local governance in each of them, it is just right to analyze and
put into writing the impressions left on the country by the Westerners.
First, what is most evident is the retention of the barangay system. This
political entity has been institutionalized and continues to play an important
role in different aspects of life. For example, in many special penal laws, the
first level of negotiation between the two conflicting parties happens at the
barangay level. In implementation, barangay officials are designated to
facilitate small-scale programs in order to achieve the objectives of the
State.
Second, and perhaps the most talked-about effect, is the rise of the local
elites. Beginning in the Spanish period, local elites have been given
expanded opportunities to accumulate both wealth and power. This
translated into prominence, first, in their towns, and eventually their
provinces. When the provinces began to form ties with each other, these
powerful families extended their influence on a much broader scale. Today,
they are seen not only in the political arena but also in business where they
exert great sway over local officials.
In connection with the second effect, the constituents in towns, provinces
and regions, look up to the officials with a mixture of mandatory respect,
obedience and slight indifference. This is mostly evident in how people
tolerate the acts of the public officials but at the same time criticize them
about their decisions and action. Yes, there is obedience but there is also an
idea of distrust and so they obey without really caring how it will project into
the future of their communities.
This is not to say that every citizen, or the local officials for that matter, acts
and feels the same way. It is the authors opinion that there is indeed
obedience among constituents but there is also animosity towards the local
officials considering the entrenched idea of how power is concentrated
among them elites, plus the fact that these elites undoubtedly hold power
over the local officials. It is like putting the burden of proof that this
particular administration can be trusted and is wholly devoted to the good of
the community before the constituents may trust and revere said
administration.
Fourth, the Church has more influence on provincial governments than the
national government. It can be traced back to the days when the Spanish
local governments were understaffed and therefore the ecclesiastical men
exercised powers over the localities. Nowadays, although they are unable to
hold public office due to the Constitutional provision on the separation of
Church and State, they still exert influence over statutes and events in the
localities. This happens by way of holding over the heads of local officials and
their constituents religion as a reminder whenever they are about to decide
on a particular issue.
V.
That Martial Law was declared more than to perpetuate the tenure of
Ferdinand Marcos as President of the country is supported by Chester L.
Hunts article entitled Philippine Values and Martial Law. According to Hunt,
though the Philippines had not been at war, it had been racked by internal
dissention and disruption which affected negatively business, education and
government. Hunt stated that though the opposition continued to argue that
he was simply exaggerating the circumstances, it was clear that there was
anarchy, that Marcos was only taking the necessary steps to protect and
safeguard the general welfare as his position as President calls for.
There was an allegation that his re-election was primarily caused by his act
of ensuring the votes of different localities by purchasing the votes through
government funds. It was at this point when there were massive allocations
for government projects at the local level. In addition to that, Marcos kept his
belief that the real participatory democracy was existent more at the
barangay level which enabled the citizens to commune their needs, interests
and various other utterances.19 Hunt, however, concluded that at that
moment he wrote this article, there was still no concrete evidence that
Marcos belief regarding the importance of barangays in participatory
democracy had begun to materialize.20
To reiterate, the abovementioned article puts in history a glance at how
Marcos seemed to have acknowledged the importance of local units. But this
is not consistent with the history of nongovernmental organizations during
this period. Nongovernmental organizations whose purpose was to extend
the much-needed help to the people emerged and grew because
government was unable to reach many areas in the country. It has been said
that during the Martial Law, even if advocacy groups were not encouraged by
the government, organizations that aimed to provide for the needs of the
Filipinos were very much welcomed by the people but not necessarily
recognized by the government.
For this author, there is a lack of writings and documentations on how local
government units worked during this period. The most can be said centered
on how the wealth was accumulated by Marcos cronies in different parts of
the country. Another outstanding example is the construction of the San
Juanico bridge between the provinces of Leyte and Samar. However, as much
as this author would like to see it as the national governments help to the
19 Hunt, C.L. (1980) Philippine Values and Martial Law. Journal of Southeast Asian
Studies, 11(1), pp. 113.
20 Ibid., p. 121.
9
VI.
The Local Government Code (LGC) was signed into law in 1991 by President
Corazon Aquino and it took effect on January 1, 1992. The entities
responsible for the implementation of this Code are the provincial and
municipal governments and the thousands of barangays in the Philippines.
The Congress is mandated by the Constitution to enact a local government
code that shall provide for a more responsive and accountable local
government system. Through this Code, the Congress expanded the
responsibilities and powers of the local governments over their localities. The
primary goals of this Code is to enable the local governments to realize their
maximum potential, to encourage participation of ordinary citizens, to
participate in national decision-making and hasten the decision-making in
their units and to deliver basic needs of the citizens more efficiently.22
The Local Government Code of 1991 covers all
aspects of local governance. It addresses the
decades-old problem of over-centralized political and
administrative system that concentrated most
significant decisions and development in the
Metropolitan Manila Area. The Code consists of five
hundred thirty-six (536) sections divided into four (4)
21 Castro, R.A.M.C. (2014) Creating the World of a Happy Child: A study on NGOs
and local governments mission of youth development, unpublished.
22 Local Government Academy of the Department of Interior and Local
Government. Unpacking the Local Government Code of 1991 (www.dilg.org)
10
23 Ibid., p. 5
11
VII.
x x x
14
xxx
16
18
This case involves the granting retirement pays and gratuity remunerations
by the local government which the petitioners argue to be a valid exercise of
the power of the Sangguniang Panglungsod. This case emphasizes that the
local government, though granted with fiscal autonomy, is not beyond the
post-transaction audit of the Commission on Audit.
The Supreme Court explained in summary why the petitioners argument is
bereft of merit:
Indeed, Section 458 of RA 7160 defines the power,
duties, functions and compensation of the
Sangguniang Panlungsod, to wit:
SEC.
458.
Powers,
Duties,
Functions
and
Compensation. - (a) The Sangguniang Panlungsod, as
the legislative body of the city, shall enact
ordinances, approve resolutions and appropriate
funds for the general welfare of the city and its
inhabitants pursuant to Section 16 of this Code and
in the proper exercise of the corporate powers of the
city as provided for under Section 22 of this Code,
and shall:
xxxx
(viii)
Determine the positions and salaries,
wages, allowances and other emoluments and
benefits of officials and employees paid wholly or
mainly from city funds and provide for expenditures
necessary for the proper conduct of programs,
projects, services, and activities of the city
government.
In the exercise of the above power, the City Council
of Manila enacted on December 7, 2000 Ordinance
No. 8040, but the same was deemed approved on
August 23, 2002. The ordinance authorized the
conferment of the EPSA to the former three-term
councilors and, as part of the award, the qualified
city officials were to be given retirement and
gratuity pay remuneration. We believe that the
award is a gratuity which is a free gift, a present, or
benefit of pecuniary value bestowed without claim or
demand, or without consideration.
However, as correctly held by the COA, the above
power is not without limitations. These limitations are
embodied in Section 81 of RA 7160, to wit:
SEC. 81. Compensation of Local Officials and
Employees. The compensation of local officials and
personnel shall be determined by the sanggunian
concerned:
Provided,
That
the
increase
in
compensation of elective local officials shall take
effect only after the terms of office of those
19
20
IX.
Critical Analysis
The past two sections provided the images to set side-by-side in analyzing
the effects of the Local Government Code on the conduct of the public
officials, both elective and appointive. This author would like to start this
portion of the discussion by emphasizing the position that the Local
Government Code of 1991 institutionalized the culture of local governance in
the country. It centers on devolution of powers but essentially puts
prominence in broadening even more what the Filipinos already see as an
entirely wide discretion exercised within the localities.
In the cases prior to the LGC 1991, it can be gathered from the provided
excerpts of the Supreme Court decisions that the public officials acted with
the expectation that they can get away with their acts because they may
argue that they were only acting in the exercise of their powers. Prior to the
LGC, there was Batas Pambansa Blg. 337 which was the Martial Laws form of
Local Government Code. However, the dictatorship smothered local
initiatives and thus limited the autonomy, if not demolished, of the local
government units.26 So, when the Martial Law was struck down and
democracy brought back to life, the public officials immediately and, for
some, brazenly, embraced the newfound freedom to enjoy autonomy which
the Constitution of 1987 mandated for the local governments. However,
there was still the Anti-Graft and Corruptions Act which limited their actions
and caused others to be incriminated for the violation thereof.
Comparing the first set of cases to the second set, which are cases brought
before the Supreme Court consisting of acts committed after the LGC 1991
took effect, it will be seen that the acts show attempts at even greater
discretion of both appointive and elective officials. In the opinion of the
author, this is primarily because there is a law, the Local Government Code,
which grants these devolved powers upon them and gives them these
responsibilities which they have to complete, and this is used more as an
offensive legal basis for all their actions. As pointed out earlier, the LGC
institutionalized what the Filipinos have been used to seeing and
experiencing from their local officials which is that they are empowered to do
what they may consider best for their constituency. With the LGC, they even
have basis for exercising certain governmental and corporate functions.
The Sangguniang Panlungsod and Pambayan are both granted regulatory
powers. They have the power to enact statutes applicable in their areas and
even grant permits to establishments, not excluding those like cockpits.
Furthermore, the LGC grants the local government the power to generate
revenue which will enable them to fulfill their localities objectives like
construction of infrastructure for the public, funding of welfare programs and
many others. This revenue generating ability may happen in two ways:
through efforts within the community and external grants.
The discretion given to them to act according to what they may consider to
benefit the public drives them to doing acts beyond their power. In the
example of Rios v Sandiganbayan, this author opines that the line or
boundary between good faith and bad faith is blurred which is why in other
peoples opinion, Rios act was neither injurious to the DENR nor the public
26 Local Government Academy of the DILG, op. cit., p. 8
21
because, as he said, the proceeds were given back to the local government
treasury. However, had the Supreme Court reversed the Sandiganbayan
decision, it would create problems in the future. There will be no concrete
limitation on the action that the public official might take if in his opinion it
will benefit the constituency. But by charging Rios, the Supreme Court has
set a precedent for future cases which is that they shall apply stringent
measures to assure that the public officials will not abuse their power and
use it to benefit themselves.
In the case of Berona, it is evident in his actions that he took advantage of
his position and power in the local government. Even if he was not elected,
he was appointed in his position in the public health service. He used the
discretion granted upon him (or them, as the case involved other doctors and
officials) to ensure the efficiency of delivery of basic service to the people in
order to benefit a private contractor and cause economic injury to the
laborers. This is another point which the author wishes to point out.
In the cases given as examples, the cases involved not only public elective
officials but also city engineers and doctors. This shows that the discretion
granted upon local officials extend to those they appoint as members of their
departments. The author strongly believes that the lack of stringent
guidelines or qualifications for the membership in the local government of
those who are not elected is detrimental to the system and only allows for
more instances of abuse of power.
22
X.
b.
c.
d.
e.
24
CONCLUSION
Local autonomy is not bad in itself. It is beneficial to the people in a sense
that there is faster response and possibly greater accountability at this level.
The people are also able to forward their needs because the local
government officials are much closer to them. Furthermore, these public
officials have narrower paths to tackle and therefore their interests must be
closer to that of their people.
However, just like in all things in life, there are bad points too. But these bad
points do not need to be retained. If the legislature chooses to study and
revisit the Code, they will very well see what the previous Congress missed
in creating this law. The powers the author recommends to be enhanced are
those that will advance the welfare of the community and at the same time
enhance
transparency
and
accountability
in
the
local
government.
25
BIBLIOGRAPHY
Agabin, P. A. (2011) Mestizo: The Story of The Philippine Legal System.
Quezon City,
Philippines: University of the Philippines College of
Law
Castro, R.A.M.C. (2014) Creating the World of a Happy Child: A study on
NGOs and local
governments mission of youth development,
unpublished.
Corpuz, O.D. (1992) Land and Agriculture in the Philippines: An Economic
History
Perspective. Philippine Review of Business and
Economics, XXIX(2)
Fernandez, P. (1976) Custom Law in Pre-Conquest Philippines. Quezon City,
Philippines: UP
Law Center
Hunt, C.L. (1980) Philippine Values and Martial Law. Journal of Southeast
Asian Studies, 11(1)
Hutchcroft, P. D. (2000) Colonial Masters, National Politicos, and Provincial
Lords: Central
Authority and Local Autonomy in the American
Philippines, 1900-1913. Journal of Asian
Studies, 59(2)
Local Government Academy of the Department of Interior and Local
Government.
Unpacking the Local Government Code of
1991. Retrieved from: www.dilg.org
Majul, C.A. Muslim Mindanao. Retrieved from: www.muslimmindanao.ph
Skowronek, R. K. (1998 Skowronek, R. K. (1998) The Spanish Philippines:
Archaeological
Perspectives on Colonial Economics and Society.
International Journal of Historical
Archaeology, 2(1).
Supreme Court Decisions. Retrieved from: www.sc.judiciary.gov.ph
26