Local Government and Regional Administration-Part1

1/21/2012
National College of Public Administration and Governance University of the Philippines, Diliman, Quezon City, PH
1. BASIC CONCEPTS
Basic Concepts
Public corporations are those formed or organized for the government of a portion of the state (Sec. 3, Act No. 1459)
A public corporation is one that is created by the State either by general or special act for purposes of administration of local government or the rendering of service in the public interest. On the other hand, a corporation is private if it is formed for some private purpose, benefit, aim or end (Sec. 3, Act No. 1459)
Classifications
Quasi-public corporations are those created as agencies of the State for limited or specific purposes devoid of the powers and liabilities of self-governing corporations Municipal corporation is a public corporation created by the government for political purposes or reasons and having powers of local legislation
Not for attribution and/or reproduction. For classroom discussion purposes only!
Not for attribution/reproduction. For PA151-WFR (II-11-12) class purposes only.
PA 151: Local Government and Regional Administration
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Municipal Corporation
A body politic and corporate constituted by the incorporation of the inhabitants of a city or town for the purpose of local government thereof; it is established by law partly as an agency of the State to assist in the civil government of the country, but chiefly to regulate and administer the local and internal affairs of the city (or) town which is incorporated (Martin, 1970) considered as a subordinate branch of the government of the State performing powers and functions which have been duly delegated Requirements for the creation and existence of a municipal corporation:
Charter corporate name People place or territory
Principles
Autonomy is either decentralization of administration or decentralization of power
Decentralization of administration when the central government delegates administrative powers to political subdivisions to broaden the base of governmental powers, and in the process, make local government more responsive and accountable thereby ensuring their fullest development as self-reliant communities Decentralization of power involves the abdication of political power in favor of local government units declared to be autonomous (what is left to the NG is mere general supervision)
Decentralization
Devolution is the act by which the national government confers power and authority upon its various local government units to perform specific functions and responsibilities (Sec. 12 (a), LGC) Deconcentration is the distribution of requisite and necessary authority and power to the appropriate regional or field office whose major functions are not devolved to local government units (Sec. 528, LGC).
Bases for Local Governance

The 1987 Phil. Constitution mandated
the enactment of a local government code which provides, inter alia, for:
A more responsive and accountable local government structure;
Congress of the Philippines enacted into law Republic Act Numbered 7160, otherwise known as the Local Government Code of 1991
stipulates the nature, scope and extent of corporate powers of LGUs
A system of decentralization with effective mechanisms of recall, initiative, and referendum; The allocation among the different local government units of their powers, responsibilities, and resources; The appointment and removal, term of office, and salaries of local government officials; The powers and functions and duties of local officials; and All other matters relating to the organization and operation of the local government units (Art. X, Sec. 3)
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2. NATURE AND HISTORY OF LOCAL GOVERNMENT IN THE PHILIPPINES
Nature and Rationale for Local Government

Local governments and municipal corporations have dual nature: governmental or public and proprietary.
Public character: LGs serve as instrumentalities of the State in carrying out the functions of the government. Proprietary: LGs act as agencies of the community in the administration of local affairs.
act as business corporations and as separate entities for the furtherance of their own interests and not as subdivisions or units of the State (Lidasan vs. COMELEC, 1967). As private corporate entities, local governments manage public utilities
Local governments constitute the foundation of the entire structure of the government
Nature and Rationale for Local Government

The following five (5) basic services are devolved to the LGUs by the Local Government Code:
Health Agriculture Maintenance of public works and highways Environmental protection Social Welfare
Apparent issues & Challenges in devolution

lack of financial decentralization, greatly hampers efforts at operationalizing a meaningful devolution in the country (e.g. LGUs in the Philippines being forced to absorb personnel devolved by the national Government to them without the accompanying financial resources) The massive devolution of powers to local governments necessitates capacity building for local governance
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Local Governments as Political and Territorial Subdivisions

By nature, local governments are subordinate entities, having no inherent powers BUT they have legal authority to exercise their powers Local governments are political subdivisions of a nation or state (United Nations Division for Public Administration) Local governments are geographic subdivisions; or restricted geographic areas, dealing with those matters which concern the people living in a particular locality (International Union
of Local Authorities) Two important elements:

presence of a higher authority territorial boundary
Historical Development of Local Government in the Philippines

Before the arrival of Arab traders, scholars and the Spaniards in the sixteenth century, everything was local
Filipinos established an indigenous and autonomous political institution known as the barangay, which was composed of some thirty to one hundred households. Some of these small-scale political units were clustered together, but most of them had not attained a level of political organization above and beyond the kinship principle (Morada & Tadem)
Spanish Period
Spanish colonizers introduced a centralized system with the Spanish governor-general as the supreme authority in all matters with the subnational officials acting as his agents (Morada & Tadem) The barangay (renamed as barrio) remained as basic administrative units but other ties of local government were added: the pueblos (municipalities), cabildos (cities), and provincias (provinces) The Maura Law of 1893 sought reforms in the local government system by grantinggreater local autonomy to towns and provinces in Luzon and Visayas and by allowinglocal citizens to select some of their officials

Spanish Period; impacts on the development of local government
indigenous activities were supplanted by putting in place an alien system of local government a high degree of centralization in the capital of Manila in Luzon came to characterize nationallocal relations for another century after the Spanish colonization divide-and-rule policy of Spanish colonizers their concentration of all political activities in Manila and the ensuing neglect of the other regions outside Manila, and the curtailment of many elements of internal trade strengthened regionalism and the other regions contempt for the center at the end of Spanish rule, there were still areas in the Philippines that considered themselves not part of the emerging nationat all which was because the Spaniards were unsuccessful in consolidating all the islands under their control. The Spanish period left local elite that would continue to play important roles in the decades ahead (Tapales)
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Malolos Constitution
Officials were elected on a popular basis and decentralization and administrative autonomy were among the rallying cries of the period (Brillantes, 1999) provided for the creation of municipal and provincial assemblies, autonomous local units, and popular and direct elections (Morada & Tadem)
American Occupation
organization of municipal and provincial councils based on general suffrage Pronouncements indicative of the thrust towards local autonomy included the Instructions of President McKinley to the Taft Commission; the incorporation of the City of Manila (Act 183 of the Philippine Commission in 1902); the establishment of the Moro Province (Act 787 in 1903); the organization of provincial governments (Act 1396 in 1905); and the extension of popular control

Commonwealth Period
local government in the Philippines was placed under the general supervision of the President as provided for under Article VII Section II of the 1935 Constitution the 1935 Constitution had no separate article on local governments: state-control bias
Post-Japanese period
Not for attribution/reproduction. For PA151-WFR (II-11-12) class purposes only. Not for attribution/reproduction. For PA151-WFR (II-11-12) class purposes only.
RA 2264 (An Act Amending the Laws Governing Local Governments by Increasing their Autonomy and Reorganizing Provincial Governments) enacted in 1959 vested in city and municipal governments greater fiscal, planning and regulatory powers. It broadened the taxing powers of the cities and municipalities within the framework of national taxing laws Barrio Charter Act (RA 2370) sought to transform the barrios into quasi-municipal corporations by vesting them some taxing powers. Barrios were to be governed by an elective barrio council The "Decentralization Act of 1967" (RA 5185) further increased the financial resources of local government and broadenedtheir decision-making powers over administrative (mostly fiscal and personnel) matters

Martial Law
The imposition of martial law in 1972 abolished local elections and vested in the dictator the powers to appoint officials 1973 Constitution:
guarantee and promote autonomy of local government units, especially the barrio, to ensure their fullest development as self-reliant communities Each local government unit shall have the power to create its own sources of revenue and to levy taxes subject to limitations as may be provided by law
The President continued to exercise supervision and control over the local governments Local Government Code of 1983 (Batas Pambansa Bilang 337) reiterated the policy of the State to guarantee and promote the autonomy of local government units
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Requisites for Creation, Abolition, Merger and Division

The national government by law creates, merges or abolishes LGUs, endows them with powers within their jurisdictions and determines national-local government units. While these local units may be created by law, the LGC mandates that the residents of the areas affected by the creation should approve the measure in a plebiscite Criteria For the province:
Land area: 2,000 sq. km. (to be certified by the LMB) Population: at least 250,000 (to be certified by the NSO) Income: at least 20 M (to be certified by the DOF)
Requisites for Creation, Abolition, Merger and Division

For the component city:
Land area: at least100 sq. km. (to be certified by the LMB) Population: at least 150,000 (to be certified by the NSO) Income: at least 20 M (to be certified by the DOF)
Land area: at least 50 sq. km. (to be certified by the LMB) Population: at least 25,000 (to be certified by the NSO) Income: at least 2.5 M (to be certified by the DOF)
For the barangay

The only criterion is population of at least 2,000; provided that barangays in Metropolitan Manila should have a minimum population of 5,000
3. LEVELS AND STRUCTURE OF LOCAL GOVERNMENT IN THE PHILIPPINES
For the municipality
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Structure of Local Government in the Philippines

National Government
Provinces
HUCs and ICCs
Municipalities
Component Cities
Barangays
Barangays
Barangays
Number of LGUs by Level (as of June 30, 2010 )

Provinces: Cities: 80 122
Municipalities: 1,512 Barangays: 42,025 These political subdivisions enjoy autonomy but are under the supervision of the President through the secretary of the DILG
City Classification
Highly Urbanized Cities - Cities with a minimum population of two hundred thousand (200,000) inhabitants, as certified by the National Statistics Office, and with the latest annual income of at least Fifty Million Pesos (P50,000,000.00) based on 1991 constant prices, as certified by the city treasurer (e.g. Metro Manila cities, Cebu, Mandaue and Davao). Independent Component Cities - Cities whose charters prohibit their voters from voting for provincial elective officials. Independent component cities are independent of the province. (Naga, Santiago [Isabela], Ormoc [Leyte], Cotabato City [Maguindanao], Dagupan [Pangasinan]. Component Cities - Cities which do not meet the above requirements are considered component cities of the province in which they are geographically located. If a component city is located within the boundaries of two (2) or more provinces, such city shall be considered a component of the province of which it used to be a municipality (e.g. San Fernando, Alaminos, Tarlac, Dipolog)
Highly Urbanized Cities (HUCs): Component Cities (CCs): Independent Component Cities (ICCs): 5
33 84
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Administrative and Autonomous Regions

The creation of autonomous regions for the Cordilleras and Muslim Mindanao and the adoption of their respective Organic Acts by the Philippine Congress speaks well of the States recognition of the rights and welfare of the indigenous cultural communities as mandated by the PH Constitution under Art. II, Sec. 22 (Buendia, 1991) Administrative regions are different from autonomous regions. The former are created mainly for regionalizing government operations and do not possess a separate local government The Autonomous Region in Muslim Mindanao is the only autonomous region in the Philippines which has an elected regional assembly and governor The Cordillera Administrative Region was originally intended to be autonomous but was reduced to a regular administrative region due to failure of plebiscite
Administrative and Autonomous Regions

At present, the PH is divided into 17 regions
National Capital Region (NCR; Metro Manila) Cordillera Administrative Region (CAR) Ilocos Region (Region I) Cagayan Valley (Region II) Central Luzon (Region III) CALABARZON (Region IV-A) MIMAROPA (Region IV-B) Bicol Region (Region V) Western Visayas (Region VI) Central Visayas (Region VII) Eastern Visayas (Region VIII) Zamboanga Peninsula (Region IX) Northern Mindanao (Region X) Davao Region (Region XI) SOCCSKSARGEN (Region XII) Caraga Region (Region XIII) Autonomous Region in Muslim Mindanao (ARMM)
Cordillera Administrative Region

Executive Order No. 20, s. 1987: created the Cordillera Administrative Region which paved the way for the creation of the Cordillera Executive Board and the Cordillera Regional Assembly Republic Act No. 6658 (1988) created the Cordillera Regional Consultative Commission tasked to assist the Philippine Congress in drafting the Organic Act of the Cordillera Autonomous Region as mandated by Art. X, Secs. 15-21 of the Constitution On 23 December 1988 (within the 150-day limit), the CRCC was able to come out with a draft charter The draft became highly controversial with some sectors rejecting it for its failure to represent the true aspirations, sentiments, and interests of the Cordillerans On 23 October 1989, Republic Act No. 6766 was signed into law On 30 January 1990, the Organic Act for the CAR was submitted for approval to the voters of the provinces of Benguet, Mt. Province, Ifugao, Abra and KalingaApayao and the City of Baguio. It was only approved in the province of Ifugao The Supreme Court in 1990 sustained the rejection of the Congress-drafted Organic Act and ruled that the province of Ifugao alone cannot make up the CAR
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Autonomous Region in Muslim Mindanao (ARMM)

In February 1973, the Mindanao problem escalated into an armed conflict, involving the Moro National Liberation Front (MNLF) and the Armed Forces of the Philippines (AFP) On July 7, 1975, President Marcos signed Presidential Decree No. 742 and Letter of Instruction 290 creating Western and Central Mindanao regions in Mindanao and establishing the Office of the Regional Commissioner in both regions. HOWEVER, the military and the MNLF persisted with their armed conflicts The intervention of the OIC lead to the signing fo the Tripoli Agreement between the Philippine Government and the MNLF in Tripoli, Libya on December 23, 1976 President Marcos, on March 25, 1977, signed Presidential Proclamation No. 1628 forming an autonomous region in Southern Philippines. The people, however, opted to retain the original political subdivisions of Western and Central Mindanao regions in a referendum plebiscite on April 17, 1977. On July 25, 1979, Batas Pambansa No. 20 was enacted creating the Regional Autonomous Government in Western and Central Mindanao regions The Cory Aquino government sought the creation of the Autonomous Region in Mindanao (ARMM) by providing the 1987 Philippine Constitution and directly ordered to convene the Ad hoc Council of the Regional Consultative Council, the body tasked to draft the Organic Act that would serve as the operations manual of the ARMM The Organic Act was signed into law, as Republic Act 6734, by President Aquino on August 1, 1989 and a plebiscite was conducted in the proposed area of the ARMM on November 17, 1989. Of the 13 proposed provinces, only four; Maguindanao, Lanao del Sur, Sulu and Tawi-Tawi joined the ARMM

The ratification of Republic Act #9054, an act to strengthen and expand the Organic Act for the ARMM amending for the purpose. RA no. 6734, entitled An Act Providing for the ARMM as ameded in September 2001 plebiscite paved the way for the expansion of the Autonomous Region in Muslim Mindanao to include the Province of Basilan and City of Marawi The new expanded ARMM is headed by one (1) Regional Governor, one (1) Regional Vice Governor and twenty four (24) representatives of Regional Legislative Assembly representing the eaight districts of the five provinces and one city of the region
http://www.armm.gov.ph/images/stories/ARMM_BASIC_INFO/ARMM%20Situationer%202010_03.jpg

The ARMM shall be governed and administered in accordance with:
The laws enacted by the Regional Legislative Assembly; and Republic Act No. 9054. (Art. III, Sec 1)
The Regional Government shall exercise those powers and functions expressly granted to it by Republic Act No. 9054, or necessary for or incidental to the proper governance and development of all the constituent units within the autonomous region (Art. IV, Sec. 1) The exercise of the powers and functions of the Regional Government shall be:
Subject to the provisions of the Constitution; and Consistent with the policy on regional and local autonomy and decentralization (Art. IV, Sec. 1)
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The Regional Legislative Assembly cannot exercise its legislative power on the following matters:
Foreign affairs; National defense and security; Postal service; Coinage and fiscal and monetary policies; Administration of justice; it may, however legislate on matters covered by the Shariah. The Shariah shall apply only to Muslims. Its application shall be limited by pertinent constitutional provisions, particularly by the prohibition against cruel and unusual punishment and by pertinent national legislation that promotes human rights and the universally accepted legal principles and precepts. Quarantine; Customs and tariff; Citizenship; Naturalization, immigration and deportation; General auditing; National elections; Maritime, land and air transportation, and communications. The autonomous government shall, however, have the power to grant franchises, licenses and permits to land, sea and air transportation plying routes in the provinces or cities within the region, and communications facilities whose frequencies are confined to and whose main offices are located within the autonomous region; Patents, trademarks, trade names, and copyrights; and Foreign trade. (Art. IV, Sec. 3)

The executive power of the autonomous region:
The Regional Governor is the chief executive of the Regional Government. He/she shall be assisted by a cabinet not exceeding 10 members, at least six of whom shall come from indigenous cultural communities. (Art. VII, Sec. 2) The Regional Governor shall appoint three deputies, each representing the Christians, indigenous cultural communities and the Muslims in the region. (Art. VII, Sec. 6) The Executive Council advises the Regional Governor on matters of regional governance. The Regional Governor, the Regional ViceGovernor, and the three Deputy Regional Governors compose the executive council of the autonomous government. (Art VII, Sec. 6)

Administration of justice: The Regional Legislative Assembly of the autonomous region shall provide for the establishment of Shariah Courts. Shariah Courts existing as of the date of the approval of RA 9054 shall continue to discharge their duties (Art. VIII, Sec. 5) The Regional Legislative Assembly, in consultation with the Supreme Court and consistent with the Constitution, may formulate a Shariah legal system, including the criminal cases. (Article III, Sec. 5) The Shariah legal system shall be applicable only to Muslims or those who profess the Islamic faith. (Art. III, Sec. 5) The Shariah courts shall have jurisdiction over cases involving personal, family and property relations, and commercial transactions, in addition to their jurisdiction over criminal cases involving Muslims.
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Local Government and Regional Administration-Part1

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Local Government and Regional Administration-Part1

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1/21/2012

Not for attribution/reproduction. For PA151-WFR (II-11-12) class purposes only.

Not for attribution/reproduction. For PA151-WFR (II-11-12) class purposes only.

Not for attribution/reproduction. For PA151-WFR (II-11-12) class purposes only.

PA 151: Local Government and Regional Administration

Bases for Local Governance

Not for attribution/reproduction. For PA151-WFR (II-11-12) class purposes only.

Not for attribution/reproduction. For PA151-WFR (II-11-12) class purposes only.

Not for attribution/reproduction. For PA151-WFR (II-11-12) class purposes only.

2. NATURE AND HISTORY OF LOCAL GOVERNMENT IN THE PHILIPPINES

Nature and Rationale for Local Government

Nature and Rationale for Local Government

Apparent issues & Challenges in devolution

Not for attribution/reproduction. For PA151-WFR (II-11-12) class purposes only.

Not for attribution/reproduction. For PA151-WFR (II-11-12) class purposes only.

Not for attribution/reproduction. For PA151-WFR (II-11-12) class purposes only.

Local Governments as Political and Territorial Subdivisions

of Local Authorities) Two important elements:

Historical Development of Local Government in the Philippines

Historical Development of Local Government in the Philippines

Not for attribution/reproduction. For PA151-WFR (II-11-12) class purposes only.

Not for attribution/reproduction. For PA151-WFR (II-11-12) class purposes only.

Not for attribution/reproduction. For PA151-WFR (II-11-12) class purposes only.

Historical Development of Local Government in the Philippines

Historical Development of Local Government in the Philippines

Historical Development of Local Government in the Philippines

Not for attribution/reproduction. For PA151-WFR (II-11-12) class purposes only.

Requisites for Creation, Abolition, Merger and Division

Requisites for Creation, Abolition, Merger and Division

For the barangay

3. LEVELS AND STRUCTURE OF LOCAL GOVERNMENT IN THE PHILIPPINES

Not for attribution/reproduction. For PA151-WFR (II-11-12) class purposes only.

Not for attribution/reproduction. For PA151-WFR (II-11-12) class purposes only.

For the municipality

Not for attribution/reproduction. For PA151-WFR (II-11-12) class purposes only.

Structure of Local Government in the Philippines

HUCs and ICCs

Number of LGUs by Level (as of June 30, 2010 )

Not for attribution/reproduction. For PA151-WFR (II-11-12) class purposes only.

Not for attribution/reproduction. For PA151-WFR (II-11-12) class purposes only.

Not for attribution/reproduction. For PA151-WFR (II-11-12) class purposes only.

Administrative and Autonomous Regions

Administrative and Autonomous Regions

Cordillera Administrative Region

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Not for attribution/reproduction. For PA151-WFR (II-11-12) class purposes only.

Not for attribution/reproduction. For PA151-WFR (II-11-12) class purposes only.

Autonomous Region in Muslim Mindanao (ARMM)

Autonomous Region in Muslim Mindanao (ARMM)

Autonomous Region in Muslim Mindanao (ARMM)

Not for attribution/reproduction. For PA151-WFR (II-11-12) class purposes only.

Not for attribution/reproduction. For PA151-WFR (II-11-12) class purposes only.

Autonomous Region in Muslim Mindanao (ARMM)

Autonomous Region in Muslim Mindanao (ARMM)

Autonomous Region in Muslim Mindanao (ARMM)

Not for attribution/reproduction. For PA151-WFR (II-11-12) class purposes only.

Not for attribution/reproduction. For PA151-WFR (II-11-12) class purposes only.

Not for attribution/reproduction. For PA151-WFR (II-11-12) class purposes only.

Autonomous Region in Muslim Mindanao (ARMM)

Autonomous Region in Muslim Mindanao (ARMM)

Autonomous Region in Muslim Mindanao (ARMM)

Not for attribution/reproduction. For PA151-WFR (II-11-12) class purposes only.

Not for attribution/reproduction. For PA151-WFR (II-11-12) class purposes only.