GOVERNMENT - agency through which the will of the state is formulated, expressed and carried out.

- refers to the group of persons in whose hands are placed for the time being the function of political control. These body of persons are termed as administration.

LOCAL - barangay, municipal, cities and provinces.

FORMS OF GOVERNMENT
I. As to a number of persons exercising sovereign

power. SOVEREIGNITY supreme power of the state to command and enforced obedience to its will within its jurisdiction.
Ex. Singapore is a police state. 1. MONARCHY supreme authority is in the hands of a single persons Ex. Saddam Hussein of Iraq. Gaddafi of Libya

FORMS OF GOVERNMENT
ABSOLUTE the ruler rules by divine right.

Ex. Shah of Iran LIMITED the ruler rules in accordance with the constitution. Ex Marcos 2. ARISTOCRACY power is expressed by few privileged class also called Oligarchy (conjugal dictatorship) 3. DEMOCRACY political power is exercised by majority of the people. One feature is election.

II. As the Extent of Power Experienced by the Central Governance.

1. UNITARY- the control of local and national affairs is exercised by the national government. 2. FEDERAL - there are 2 sets of organs. One for national offices and the other local affairs. Each organ being supreme within its own sphere.

III. As the relationship between the Executive and Legislative.

1. PARLIAMENTARY the cabinet or ministry are the

legislators and politically responsible to the electorate. -Prime Minister is elected among themselves. -The Titular or nominal head. -Chief of State occupies a position of irresponsibility's

DECENTRALIZATION
- transfer of power and authority from the central institution to the local or lower levels of the government system. - the operative word is POWER. It implies that the national government hold vast range of power. It decentralize when it transfer a little or range measure of its power and authority to the LGU.

HISTORY 1. 1898 PHILIPPINE REPUBLIC

- Malolos congress ratified on Sept. 29, 1898. The proclamation of Philippine Independence made by Aguinaldo in Kawit Cavite on June 12, 1898 and framed the Malolos constitution. - the first democratic promulgated in the whole of Asia. The government recognized and Filipinized the province and municipalities and provided for a system of indirect election.

2. AMERICAN PERIOD (1902-19350

- there was a military government. Headed by a military governance who expressed all powers of the government. Executive, Legislative and the Judiciary. - then there was establish a civil government. - tradition of constitution continued although municipal, city and provincial government were modified as they pursued granting of autonomy.

AMERICAN PERIOD
- The

US adopted the policy of Filipinization. The gradual substitution of American personnel to Filipinos, as one of the governing principle of American Colonnial Policy . As early as 1908 the Filipino were allowed to take over positions in the municipal and later in the national government in which they showed admirable proof in their capacity for self government.

3. COMMONWEALTH PERIOD
Tydings Mc Duffie Law 10 years transition period and expire on July 4, 1946. Independence granted and later changed to June 12 by Macapagal. Quezon President Osmea Vice President - centralist trend continued although the constitution provided for the general supervision of LGU by the President.

4. INDEPENDENCE PERIOD ( 1946- 1972 )

Passage of RA 2730 Barrio Charter Act granted various of legal status as quasi municipal corporation governed by elected council. RA 5185 Decentralization Act of 1967. Increased financial resources of powers of LGU.

5. MARTIAL LAW ( 1972- 1981 )

- Regions were established ( 12 original) based on the homogenuity of areas in terms of geography , economy and culture to sustain development activities. - RDC was created to decentralized the planning process . - BP 337 was also enacted which defined the roles and functions of LGUs, their relationship with national government and the degree of supervision by the national government.

6. AQUINO REGIME
- pursued greater decentralization to attain development goals. The 1987 constitution article to provide : The territorial and political subdivision of the state shall enjoy local autonomy. Congress shall enact a LGC instituted through a system of decentralization. 78- Provinces 81- Cities 1,526 Municipalities 41,939 - Barangays

Aquino Regime
Because it is mandated by the 1987 Constitution so our lawmakers Pimentel started to draft, the 1981 LGC with the help of the high caliber consultants. LGC was approved in October 10, 1991 took effect 1992. It is the Bible of LGUs.

DECENTRALIZATION
DE remove, away, from The transfer of power and authority from the central institution to the lower or local levels of the government system. The operative word is power. It implies that the national government hold vast range of power. It decentralize when it transfer a little or large measure of its powers and authority to the LGUs.

3 FORMS
1.

DECONCENTRATION - the government transfer powers, authority, responsibility or the discretion to decide, plan and manage from a central point to lower or local levels, but within the national government. Ex. A national government shift or download its work from the national government to its field offices. Like the regional, provincial offices for their head to act as little department secretary.

RDC mandated by the 1987 constitution . Compose of LGU officials, regional heads of department and NGO representative. The planning body of the region. Replicates the NEDA. 2. DEVOLUTION - Transfer of power and authority from the national government to LGU. The territorial and political subdivisions of the state . - tied up or synonymous to Autonomy. - assumed to build their capabilities for self government and develop them to become self-reliant.

AUTONOMY - Implies that all LGUs enjoy the highest form of independent in managing, deciding and planning their own administrative, fiscal and developmental affair. - the NG maintains minimal supervision.

3. DEBUREAUCRATIZATION - entails the transfer of public functions and responsibilities of public enterprises. - LGU lock the capital and an NGO may come in to take the gap.-BOT scheme. AUTHORITY TO CREATE LGUs - an LGU maybe created divided, merged, abolished on its boundaries substantially altered either by law, enacted congress in the case of provinces, cities, or municipalities, or by ordinance passed by SP concerned in the case of barangay located which its territorial jurisdiction .

VERIFIABLE INDICATORS OF VIABILITY

1. INCOME 2. POPULATION 3. LAND AREA

- Must be contiguous unless it compress 2 or more islands properly identified by metes and bounds. - Must be attested by DOF, NSO, LMB and DENR. ABOLITION OF LGUs - Maybe abolish when its income, population, or land area has been irreversibly reduced to less than the minimum standard prescribed for its creation.

There is a plebiscite requirement for the creation, merger, division, or abolition or substantial alteration of boundaries of LGUs to be conducted by COMELEC within 120 days from the date of the effectivity of the law or ordinance. PLEBISCITE - formal vote of qualified voters on a particular local or national issue. REFERENDUM - a means of assessing public reaction to a given issue. It is a consultative in character.

NAMING OF LGUs AND PUBLIC PLACES

- The SP in consultation with the PHC may change the
-

name of the following: 1. Component Cities and Municipalities upon the recommendation of the concerned SB . 2. Provincial Roads, Bridges, and Avenues 3. Public Vocational and Technical Schools 4. Provincial Hospital and Health Centers 5. Any other public building owned by the Province, The SB of HUCs and CC may do the same in changing the name of the following:

1. City barangay upon the recommendation of the Sangguniang barangay . 2. City roads and bridges 3. Public Elementary , High School, and Voc. Schools 4. City hospitals, health centers PROHIBITIONS: 1. Not to be named after a living person 2. Not oftener than once every 10 years 3. These named after a historical, cultural or ethnic significance shall not be changed. 4. Change in the name of the Public School shall be made only upon the recommendation of the Local School Board.

5. Public hospitals, health centers by the Local Health Board. 6. The change of name of any LGU should be ratified thru a plebiscite. 7. The office of the President ., the Congressmen and the Bureau of Post shall be notified if there are changes. LEGAL BASIS OF: Article 10 constitution, provides that the territorial and political subdivisions of state (LGUs) shall enjoy local autonomy.

AUTONOMY giving to LGU the highest degree of independence for them to manage their administrative , financial and development affairs. It is synonymous of Decentralization. DECENTRALIZATION POLICIES 1. By transferring to LGUs primary responsibility for delivery basic services and facilities. - Agri extention and in site research DA - Community Based Forestry Projects and Management of Communal Forest. (DENR) - Field Health and Hospital Services .(DOH)

- Public Works and Infra Projects (DPWH) service is 20% to EDF. - School Building Program (DEPED) 1.5 billion annually earmarked for School building for GAA. LGU may augment. - Social Welfare Services (DSWD) - Tourism Facilities and Domestic Tourism Promotion and Development (DOT) Asik-asik falls developed by the Province Samveren Falls Sinapangan, Libungan - Telecom Sevices for Provinces and Cities (DOTC)

2. By transferring to LGUs regulatory powers over certain activities. A. Re classification of Agricultural Lands share with DAR in reclassifying agricultural lands to non agricultural use. 1st to 3rd class 10% 4th to 6th class 5% Limitation when the land is no longer feasible for agriculture - when the land has greater economic value for residential. - the authority to re classify lands if the land has ceased to be sound for agricultural purpose - DA

B. CLUP enacted thru Zoning Ordinance - residential, commercial, industrial and agricultural. Province- review the CLUP of representative of the DILG and DENR. C. ENFORECEMENT OF ENVIRONMENTAL LAWS - the code vast on LGU the protection of the environment. Ex. Sanitary landfill for solid waste RA 9003 Barangay- enforce laws and regulation relating to pollution control and protection of the environment. Governor and Mayors adapt measures to safeguard the environment.

Case of Mayor Yabes- he was killed because he opposed the operation of mining. Sanggunian can pass laws to regulate activities which may endanger the environment. NGAS- required to consult LGUs prior to the implementation of project which may affect the environment and ecological balance. D. INSPECTION OF FOOD PRODUCTS - Province and Municipality regulate and inspect meat, fruits, poultry, milk, fish and vegetables for food consumption.

- dynamite fishing and double dead meat, dogmeat . - regulates the sale, slaughter and disposition of animals for consumption. - regulate public markets that entails food consumption. Job for Sanitary Inspector. NMIC- discharge this functions PD 856 code of Sanitation. Empowers LGUs to enforce the standard.

E. QUARANTINE REGULATION AND ENFORCEMENT OF SANITARY CODE LGUs may adopt measures like; 1. Declare, prevent anything that endangers health. SARS epidemic. 2. Regulate the disposal of clinical waste from hospitals and clinics. 3. Regulate the establishment, operation of public dance hall, sauna bath and massage parlor. 4. DOH will no longer directly supervise activities of local health agencies. They will intervene if there are emergencies and epidemic.

F. ENFORCEMENT OF THE NATIONAL BUILDING CODE Municipal Engineer - collects fees 80% - general fund 20% - MOOE of his office.

G. FRANCHISING OF TRICYCLES H. PROCESSING AND APPROVAL OF SUBDIVISION PLANS. - For residential, commercial and industrial and other development purpose. - this provision removes from HLURB to issue locational clearance and permits.

I. LICENSING OF COCKPITS - SP and SB may permit and license to establishment, operation and maintenance of cockpit. J. REGULATION OF TOURISM ESTABLISHMENT - Regulate the establishment, operation, and maintenance of hotels, motels, inn, pension houses, and lodging houses.

3. ENHANCING THE GOVERNMENTAL POWERS AND CORPORATE POWER GOVERNMENTAL POWERS - Public in character performs government function for the common good. - A. POLICE POWER - - the power to enact laws, to safeguard public safety and promote health and morals. Law making power of the local Sanggunian. - B. POWER OF IMMINENT DOMAIN
- - to acquire private property for public use.

C. POWER OF TAXATION - the code empowers LGUs to generate resources for protective, developmental or welfare purpose. They can create their own sources of revenue, levy taxes and charges which shall occure exclusively for their use. CORPORATE POWERS: - to have continuous succession in corporate name - to sue and to be sued - to have and use corporate seal - to enter into contract - to exercise other powers

4. BY IMPROVING NATIONAL GOVERNMENT - LGU realtion in accordance with the requirement of decentralize set-up. - the LGU is not totally cut off its umbilical cord with NG. 5. BY INSTITUTIONALIZING LGU - NGO/PO (CSO) relation to broaden support for local customary. 6. BY DECONCENTRATING CENTRAL AUTHORITY TO REGIONAL OR FIELD OFFICES OF NGs.

Operative Principles of decentralization

The respective powers, functions, responsibilities and resources shall be allocated among different LGUs. 2. An accountable, efficient and dynamic organizational structure shall be established in every LGUs. 3. The local appointing authority shall subject to CSC rules appoint or remove local employees paid wholly for local funds. Exemptions- local treasurer
1.

4. LGUs shall be provided with adequate resources for them to adequately exercise the powers and discharge the functions devolved to them. 5. LGUs may group themselves and consolidate/ coordinate their efforts services, and resources for purposes beneficial to them. EX. PALMA-PB 6. LGUs shall be given the opportunity to actively participate in implementing national programs and projects.

GENERAL WELFARE CLAUSE

(the heart and soul of the Devolution Process) This is the Police Power of the LGU 1. Preservation and Environment Culture 2. Promotion of Health Safety 3. Right of the people to a balanced ecology. 4. Development of appropriate and self reliant scientific and technological capabilities. 5. Improvement of public moral 6. Economic prosperity and social justice 7. Full employment among the residents

8. Peace and Order 9. Comfort and convenience of their inhabitants. INTERGOVERNMENTAL RELATION - Refers to the relationship between the LGUs and the NG. - -Consistent with the basic policy on the local autonomy, the President shall exercise general supervision over LGUs to ensure that their acts are within the scope of their prescribed powers and functions.

- The President may upon request of the LGU

concerned may direct the appropriate NG agency to provide, financial, technical or other forms of assistance to the LGU.
- SUPERVISION- overseeing or the power or authority

of an officer to see that subordinate officers perform their duties.

- CONTROL includes the power to alter or modify or

set aside the acts of a subordinate officer.

RELATION WITH PNP RA 6975 and 8551 ( 1990-1991 respectively) - Governors and Mayors are deputized as representative of the NAPOLCOM to inspect police forces and units, conduct audit, and exercise other functions. - conduct operational supervision and controls over police forces in the LGU. - Control and supervision of anti- gambling operations. - Mayors have the authority to choose their COP from 5 nominees.

RELATION WITH NGOs POs - LGUs shall promote the operation and establishment of NGOs Pos as active partners in the pursuit of local autonomy. LGUs may enter into joint ventures with NGOs to engage in the delivery of basic sources, capability building, and livelihood projects designed to improved productivity and income, promote ecological balance and improve quality of life . LGU thru the LCE with concurrence of the Sanggunian may provide assistance, financial or otherwise for economic, socially oriented environmental or cultural projects.

ELECTIVE OFFICIALS
QUALIFICATIONS: 1. Filipino Citizen 2. Registered Voters 3. Resident for one(1) yr. 4. Able to read and write Filipino or any local language Candidates 1. For Gov, Vice Gov,member of SP mayor, vm, or member of SP 2. 3. 4. 5.

or HUC must be 23 years old Candidates for the position of mayor or vm of ICC, CC or Mun. must be 21 yrs.old Candidates for the position of Sangguniang Panlunsod or SB must 18 yrs of age. Candidates for the position of PB or SB must be 18 yrs of age Candidates for SK must be 15 but not more than 21 on election day.

 Disqualification 1. Those sentence by final judgment for an offense

2.
3. 4. 5.

6.

7.

involving moral turpitude Those removed from office as a result of administrative case Those convicted by final judgment for violating the oath of allegiance to the Republic Those with dual citizenship Fugitives from justice in criminal or nonpolitical cases here or abroad, Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right after the effectivity of the Code The insane or feeble minded

 Term of Office The term of office date of reckoning is the local

election on 1995. Vacancies and Succession (to be explained) Permanent Vacancies where automatic succession does not apply shall be filled by appointment: 1. By the President through the executive secretary in the case of SP of HUC and ICC 2. The governor in the case of the SP of CC and SB 3. The City or Mun. mayor in the case of Sangguniang Barangay upon the recommendation of the Barangay Council 4. Succession (if the vacancy is cause by member of a political party and without any political party (to be explained)

 1. 2. 3.

4.
5. 6.

OIC Local Officials and their manner of succession (to be explained) Permanent vacancies occurs when; An elective official fills a higher office. Refuses to assume office. Fails to qualify. Dies. Is removed from the office. Voluntarily resign or is otherwise permanently incapacitated to discharge his office.

 APPROVAL OF LEAVE OF ABSENCE: 1. For governor and mayor of HUC and ICC leaves shall

be approved by the President or his duly authorized representative. 2. For V governor or a city or mun. VM the leaves shall be approved by LCE concerned 3. Leaves of the Sanggunian and its employees shall be approved by the v.governor or v.mayor 4. For Punong Barangay shall be approved by the city or mun. mayor (within 5 days the application for leave is not acted by concerned officials the application for leave is deemed approved.

 GROUNDS FOR DISCILPINARY ACTION: 1.

2.
3. 4.

5.

Disloyalty to the Republic of the Philippines; Culpable violation of the Constitution; Dishonesty, oppression, misconduct in office, gross negligence, or dereliction of duty; Commission of any offense involving moral turpitude or an offense punishable by at least prision mayor; Abuse of authority;

Unauthorized absence for 15 consecutive working days, except in the case of members of the sangguniang panlalawigan, sangguniang panlunsod, sangguniang bayan, and sangguniang barangay; 2. Application for , or acquisition of foreign citizenship or residence or the status of an immigrant of another country; and 3. Such other grounds as may be provided in this Code and other laws. An elective local official may be removed from office on the grounds enumerated above by order of the proper court. RECALL It is the removal of an elective official because of loss of confidence.
1.

 GUIDE QUESTIONS CELEBRATING JESSIE 1. The author mentioned about the radicalism in the early 1970s

as well as the declaration of Martial Law. As post Martial Law babies what are your recollections or negative things you have read or heard how the government was run by the conjugal dictatorship of Imelda and Ferdinand Marcos during those dark periods of our history.
2. Describe JRs brand of transformative leadership/servant

leadership or tsinelas leadership.

3.

Do you subscribe to the idea of the author that good men die young? Mention at least 2 Filipino great leaders who have made a difference in the lives of Filipino who dies young. What have they contributed in the betterment jn the lives of the Filipinos Describe JR as a Family man. Comment on this- The Spanish Colonial period was corrupt to the core, from Governor Generals to the Guardia Civil, from the Spanish friars to the local leaders.

4. 5.

B. Choose 5 among the General Welfare Clause. If you are the mayor of the town , what would be the various programs, projects, and activities that you would implement that would impact on the lives of your constituents?