Beruflich Dokumente
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GOVERNMENT
HISTORY AND
BACKGROUND
LGC OF 1991
LOCAL POLITICS
OUTLINE OF PRESENTATION
Local Government History and Background
I. Pre-Colonial Period
II. Spanish Period (1521-1898)
III. American Period (1898-1946)
IV. Post Colonization Period to Present
Local Government Code of 1991
Local Politics
Post
Pre-
colonial
Present
Time
Colonization
Colonization
Period
1521-1898
1946 -present
Spanish
Period
American
Period
1898-1946
Barangay
Barangay
Barangay
Barangay
Pueblo
Alcaldia
Maura
Law of
1983
Barrio;
Centralized
Centralized
system
Barrio
Charter
Marcos
Dictatorship
Dictatorship
LGC of
1991
PRE-COLONIZATION PERIOD
The concept of barangay
BARANGAY
It
BARANGAY
Later
BARANGAY
The datu of the barangay was the
village leader by inheritance, wealth
and/or physical prowess
He was lawmaker, judge and executive
Usually he was assisted in village
administration by a council of elderly
men (maginoo), mostly chiefs who had
retired due to infirmity or old age
His authority, largely autocratic, was
not used without consultation with the
village elders
BARANGAY
One
BARANGAY
The
SPANISH PERIOD
(1521-1898)
BARANGAY
During
BARANGAY
The
BARANGAY
Barangays
(pueblos)
Later, the town was divided into barangays of
about 50 to 100 families each
cabeza de barangay chief
The position of the barangay chief was
hereditary and lifelong until in 1789 the
position was filled through election
CABEZA DE BARANGAY
Received
SOCIAL STRUCTURE
1)
2)
3)
- usually Malays
Insulares - Spanish born in the Ph
Meztizos - mixed bloodline
Peninsulares - Spaniards born in Spain
PROVINCES (ALCALDIA)
The
2.
PROVINCES (ALCALDIA)
Alcalde
Judge
inspector of encomiendas
chief of police
tribute collector
capitan-general of the province and even viceregal patron
CITY GOVERNMENT
(AYUNTAMIENTOS)
Larger
PUEBLOS (TOWN OR
MUNICIPALITY)
Led
GOBERNADORCILLO
Supervised
GOBERNADORCILLO
He
1.
2.
3.
4.
AMERICAN PERIOD
(1898-1946)
AMERICAN PERIOD
When
AMERICAN PERIOD
President
AMERICAN PERIOD
They
AMERICAN PERIOD
Municipal
AMERICAN PERIOD
Act No. 2657 also known as
Administrative Code of 1917
1916
December 31
Book III
Government of Provinces and
Other Political Divisions
Provincial Law
Municipal Law
Township Law
AMERICAN PERIOD
Act No. 2711
1917
March 10
Section 2219-1/2
Establishment of Rural Council
Each barrio has a barrio
lieutenant and shall have
four councilmen who shall
be appointed in the same
manner as the barrio
lieutenants
AMERICAN PERIOD
The powers and duties of the
rural council were:
1917
March 10
AMERICAN PERIOD
Cont..
1917
March 10
AMERICAN PERIOD
1931
November 13
AMERICAN PERIOD
Before
1954
June 12
1955
June 10
1955
June 10
One year term of office is too short a term of office even for an honest
and capable councilman to pursue with success whatever useful or
Necessary improvements he may have planned for his community.
1959
June 19
RA 2259
An Act Making Elective the
Offices of Mayor, Vice-Mayor,
and Councilors in Chartered
Cities Regulating the Election
in such Cities and Fixing
Salaries and Tenure of such
Offices
RA 2264
An Act Amending the Laws
Governing Local Governments
by Increasing Their Autonomy
and Reorganizing Provincial
Governments
RA 2370
An Act Granting Autonomy to
Barrios of the Philippines
Otherwise known as the
Barrio Charter Act
Converted the Barrio Council
from a mere recommendatory
body into an autonomous
organ, empowered to act for,
and in behalf of, barrio
residents
1959
June 20
Important innovations:
1. Voting, office holding and
the Barrio Assembly
2. The Barrio Councils taxing
powers
3. The Barrio Councils
legislative powers
4. The Barrio Council
members tenure of office
5. The removal or suspension
of Barrio Council members
6. Barrio Council members
compensation
1959
June 20
The taxation powers of the Barrio Council are not very extensive,
and are unrealistic in light of rural conditions.
1963
June 22
1967
September 12
RA 5676
An Act Clarifying the Scope and
Applicability of Republic Act
Numbered 3590, Amending for
the Purpose Section TwentySix Thereof
*Retroactive effect as of June
22 1963*
1974
April 8
1974
September 21
Prescribing a System of
Permanent and Continuing
Registration of Members of
Barangays, Providing a
Procedure for the Creation of
Barangay in Areas Where
There are None and for the
Elections of Officials Thereof
Presidential Decree No. 557
Declaring All Barrios in the
Philippines as Barangays, and
for Other Purposes
1983
February 10
1986
March 25
1987
RA 7160
Local Government
October 10 Code of 1991
PRESENT TIME
Local
BIYAHENG PINOY
Lets all watch this
HIERARCHY OF LAWS
CLASSIFICATION OF LAWS
A law may be special or general law
Special law relates to particular persons or things of
a class, or to a particular portion or section of the
state only
CLASSIFICATION OF LAWS
A
RA
Article II
Declaration of Principles and State Policies
Section 25
Article X
Local Government
Section 2. The territorial and political subdivisions shall enjoy local autonomy.
Section 3. The Congress shall enact a local government code which shall
provide for a more responsive and accountable local government structure
instituted through a system of decentralization with effective mechanisms of
recall, initiative, and referendum, allocate among the different local
government units their powers, responsibilities, and resources, and provide for
the qualifications, election, appointment and removal, term, salaries, powers
and functions and duties of local officials, and all other matters relating to the
organization and operation of the local units.
***
Supervision vs. Control
***
Section 12. Cities that are highly urbanized, as determined by law, and
component cities whose charters prohibit their voters from voting for
provincial elective officials, shall be independent of the province. The
voters of component cities within a province, whose charters contain
no such prohibition, shall not be deprived of their right to vote for
elective provincial officials.
DEFINITION OF TERMS
Local autonomy means a more responsive and
accountable local government structure
identified through a system of decentralization
Local autonomy includes both administrative
and fiscal autonomy
Decentralization means devolution of national
administration, not power to local governments.
Local officials remain accountable to the central
government as the law may provide
NEWS:
I am alarmed that the brazen act of resisting
suspension is becoming normal practice. What makes
elective officials think that they are indisputably
entitled to their offices? They are not absolute rulers;
they are subject to the law, (Santiago, 2015)
Source: http://newsinfo.inquirer.net/687511/santiagoalarmed-by-elective-officials-resisting-suspension-seekssenate-inquiry#ixzz3YGXHEdsx
NEWS:
While officials are entitled to relief from penalty, in the
form of temporary restraining orders or injunctions, they
must seek such from the proper venue and, pending such
relief, humbly step down from office.
In all these cases, the officials facing penalty insisted on
due process yet refused to respect the same. This
contradiction only shows how self-serving our elective
officials have become,
Source: http://newsinfo.inquirer.net/687511/santiago-alarmed-byelective-officials-resisting-suspension-seeks-senateinquiry#ixzz3YGXHEdsx
NEWS:
The senator also warned that such practice inevitably erodes the punitive power of
government authorities such as the Ombudsman, the Civil Service Commission, and
the DILG.
If left unchecked, this deplorable practice will embolden officials to be corrupt. We
must protect the integrity of institutions that mete out penalties in upholding the
constitutional principle that public office is a public trust, she said.
Santiago said any measure that the Senate will contemplate against the practice of
resisting suspension should focus on prohibiting elective officials from supporting
or financing mass barricades to their benefit, especially using public funds.
The right to assemble is enshrined in the Constitution. But in cases like this, we
should ask: Did the supporters assemble voluntarily or were they paid or given
incentives? If it is the latter, were public funds used? she further said.
OPERATIVE PRINCIPLES OF
DECENTRALIZATION
Effective allocation of powers, functions,
responsibilities, and resources
Establishment of an accountable, efficient and
dynamic organizational structure and operating
mechanism that will meet priority needs and
services of its communities
Subject to civil service rules, local officials and
employees paid wholly or mainly from local funds
shall be appointed removed, according to merit and
fitness, by the appropriate appointing authority
OPERATIVE PRINCIPLES OF
DECENTRALIZATION
LGUs
OPERATIVE PRINCIPLES OF
DECENTRALIZATION
Enhancement of capacities of local government
units, providing them with opportunities to
participate actively in the implementation of
national programs and projects
Continuing mechanism to enhance local
autonomy
LGUs shall share with the national government
the responsibility in the management and
maintenance of ecological balance
OPERATIVE PRINCIPLES OF
DECENTRALIZATION
Strengthening
OPERATIVE PRINCIPLES OF
DECENTRALIZATION
Participation
governance
The national government shall ensure that
decentralization tributes to the continuing
improvement of the performance of local
government units and the quality of
community life
RULES OF INTERPRETATION
Income
Population
Land area
CRITERIA
POWERS OF LGUs
Police
17 Basic Services
Reclassification of Lands
Closure and Opening of Roads
Qualifications of Local Elective Officials
Vacancies and Succession
Leave of Absence
of Absence
Special Bodies
Local Legislation
Human Resource and Development
Elective Local Officials
Appointive Local Officials
Cities
Municipalities
Secretary to the
Sanggunian
Mandatory
Mandatory
Mandatory
Treasurer
Mandatory
Mandatory
Mandatory
Assistant
Treasurer
Optional
Optional
Optional
Assessor
Mandatory
Mandatory
Mandatory
Assistant Assessor
Optional
Optional
Optional
Accountant
Mandatory
Mandatory
Mandatory
Budget Officer
Mandatory
Mandatory
Mandatory
Appointive
Local Officials
Mandatory/Optional in
CITY
PROVINCE
POWERS OF ELECTIVE
LOCAL
Initiate and maximize
3. Initiate and maximize
3. Initiate and maximize
OFFICIALS
the general of resources
the general of resources
the general of resources
MUNICIPALITY
3.
PENAL PROVISIONS
1. ORDINANCES WITH PENAL
SANCTIONS
a.MANDATORY POSTING in conspicuous
places for a minimum period of 3 consecutive
weeks
b. PUBLICATION in a newspaper of general
circulation, where available, within territorial
jurisdiction.
EXCEPTION: Barangay Ordinances
PENAL PROVISIONS
Violation
Sanggunian
PENAL PROVISIONS
2. WITHOLDING OF BENEFITS ACCORDED
TO BARANGAY OFFICIALS
SANCTION:
1. suspension
2. dismissal from office of the official or employee
responsible therefore.
PENAL PROVISIONS
3. FAILURE TO POST AND PUBLISH THE
ITEMIZED MONTHLY COLLECTIONS AND
DISBURSEMENTS failure of the treasurer of
chief accountant to post itemized monthly
collections and disbursements within 10 days
following the end of every month and for at least 2
consecutive weeks at prominent places in the
main building, its plaza and main street and
publish itemization in a newspaper of general
circulation where available.
PENAL PROVISIONS
SANCTIONS:
1. fine not exceeding 500.00
2. imprisonment not exceeding 1 month
3. or both, at the discretion of the court
PENAL PROVISIONS
4. ENGAGING IN PROHIBITED BUSINESS
TRANSADTIONS
OR
POSSESSING
ILLEGAL PECUNIARY INTEREST
SANCTIONS:
1. fine of not less than 3,000.00 nor more than
10,000.00
2. imprisonment of 6 mos. to 6 yrs.
3. or both at the discretion of the court
PENAL PROVISIONS
5.
SANCTION:
PENAL PROVISIONS
6. VIOLATION OF TAX ORDINANCES SANCTIONS:
PENAL PROVISIONS
7.
PENAL PROVISIONS
SANCTIONS:
PENAL PROVISIONS
9. INTENTIONAL AND DELIBERATE DELAY IN
THE ASSESSMENT OF REAL PROPERTY OR
THE FILING OF ANY APPEAL AGAINST ITS
ASSESSMENT
SANCTIONS:
1. five of not less than 500.00 nor more than 5,000.00
2. imprisonment of at least 1 month nor more than six
months
3. or both at the discretion of the court
PENAL PROVISIONS
10. FAILURE TO DISPOSE OF DELINQUENT
REAL PROPERTY AT PUBLIC AUCTION
SANCTIONS:
1. fine of not less than 1,000.00 nor more than
5,000.0
2. imprisonment of not less than 1 month nor more
than 6 months
3. or both, at the discretion of the court
PENAL PROVISIONS
11. PROHIBITED ACTS RELATED TO THE
AWARD OF CONTRACTS UNDER THE
PROVISIONS ON CREDIT FINANCING
SANCTIONS:
1. removal from office
2. imprisonment of not less 1 month nor more than
two years
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LOCAL POLITICS
Oligarchy
The
REFERENCES