LOCAL

GOVERNMENT
 While the national government is
primarily responsible for delivering
essential services to the Filipino
people through its regional,
provincial, and local offices, the
fundamental law of our land
recognizes the importance of local
government units (LGUs) in assisting in
the delivery of these services. This
chapter focuses on local government
in the Philippines.
 Local government in the Philippines has its
roots in the colonial administration of Spain, which
lasted in the Philippines for 327 years. The
establishment of Cebu city in 1565 started the
local government system. Three centuries under
Spanish government were characterized by a
highly centralized regime. The Spanish Governor
General in Manila governed the provinces and cities
in the whole country. An important Spanish law on
local governments was the Maura Law of 1893,
which allowed Filipinos to vote for their local
Maura Law

The legal foundation for municipal

governments in the country was laid with the
promulgation of the Maura Law on May 19, 1893.
Named after its author, Don Antonio Maura, the
Spanish Minister of Colonies at the time, the law
reorganized town governments in the Philippines
with the aim of making them more effective and
autonomous. This law created the municipal
organization that was later adopted, revised,
and further strengthened by the American and
Filipino governments that succeeded Spanish.
 After Spain, the United States came into power
in the early 1900s and “Filipin zed” local
government administration. The Americans Issued
General Order No. 43, which recognized local
governments established by Spaniards. In the
Commonwealth period (1935-1940), Commonwealth
Act No. 357 allowed women to exercise their
suffrage and vote for local officials. The post
war years (1946 to 1971) also saw several
legislations aimed to strengthen local elections
in the Philippines.
 The forms and patterns of local government
during the American civil administration remained
essentially the same during the Commonwealth
period. The only notable changes were the
transfer of central supervision from the Executive
Bureau to the Department of Interior and the
creation of more chartered cities.
President Quezon, the central figure of the
government during this period, even argued against
autonomy in the cities, hinting that “under the
unitary system of government which exists in the
Philippines, the national chief executive does and
should control all local offices. “
 The last 50 years of the twentieth century
saw several developments towards
decentralization. The Local Autonomy Act of 1959,
the passage of the Barrio Chapter and the
Decentralization Act of 1967 were all
incremental national legislation in response to
the clamor for self-rule concept.
The Philippines Constitutions of 1973 and 1987 also
significantly influenced the movement for political
devolution. The most significant constitutional provision
(Article 10 on Local Government) is the following:

“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
mechanism of recall, initiative and referendum, allocate
among the different local government units their power,
responsibilities and resources and provide for the
qualifications, election, appointment, removal, terms,
salaries, powers, functions and duties of local officials
and all other matters relating to the organization and
operation of the local uniTs”.
 The struggle for decentralization over the
past 50 years culminated in the passage of the
Local Government Code in October 1991. The Local
Government Code is the most comprehensive
document on the local government touching on
structures, functions and powers, including
taxation and intergovernmental relations. It
has been implemented for the last seventeen
years as a part of the continuing advocacy of the
country for effective decentralization and a
working local autonomy.
 Local government is a subordinate territorial
unit that owes its creation and existence to a
state and that derives its powers from general
laws of from charters or other specific grants
made by the state (Jacobsen & Lipman in Ayson &
Reyes, 2000). It possesses the basic elements of
territory, population and continues organization
(Yu-Jose et al, 1999). It is a political subdivision of
the State which is constituted by law and
possessing substantial control over it owns
affairs.
There are four units of local
government in the Philippines as
stated in Article X, section 1 of the
1987 Constitution: Barangay; city,
municipality and province.
 Article X, Section 2 of the constitution guarantees the enjoyment of local autonomy
by the different territorial and political subdivision of the country . To this effect,
Congress enacted a local government code which provided for a more responsive
and accountable local government structure instituted through a system of
decentralization which effective mechanism of recall, initiative, and referendum,
allocate among the different local government units their powers, responsibilities,
and resources, and provide for the qualification, elections, appointment and
removal, term salaries, power and functions and duties of local officials, and all
other matter relating to the organization and operation of the local units.
 Inspection of food products
 Adoption of quarantine regulations
 Enforcement of the National Building Code
 Regulation of tricycles operation
 Regulation of the Real Estate Trade
 Licensing of cockpits
 The Autonomous Region in Muslim Mindanao was an autonomous region of the Philippines,
located in the Mindanao island group of the Philippines, that consisted of five predominantly
Muslim provinces: Basilan, Lanao del Sur, Maguindanao, Sulu, and Tawi-Tawi. It was the only
region that had its own government.
Only the ARMM fulfills the requirements of a regional government. Executive power under this
autonomous region is exercised by the regional council, while legislative power is vested in the
Regional Assembly. Judicial Power, however, rests in the Shari’ah Appellate Court. Powers
exercised by ARMM as defined by RA NO.6734 are as follow;
 There are two administrative regions which merely serve as coordinating bodies to fast track
development in their respective areas.

 The Metro Manila Development Authority( MMDA )

 Regional Development Councils composed of local officials, regional head of the executive
departments and members of Non-Governmental Organizations ( NGOs )
 All Local government units are tasked with the following general functions.
 Efficient delivery of basic services to the people.
 Proper management of the environment.
 Promotion of economic development; and
 Poverty Alleviation.
 Provided for in Section 22 of the Local Government Code. These powers are as
follows;
 To have continuous succession of its corporate name;
 To sue and be sued;
 To have and use a corporate seal;
 To acquire and convey real or personal property ;
 To enter into contracts; and
 To exercise such others powers as are granted to corporation, subject to limitations
provided in the in the Local Government Code and other Laws .
 Approve ordinances and pass resolutions necessary for the efficient and effective
local government administration;
 Generate and optimize the use of resources and revenues for the development
plans , program objectives and priorities of the specific level of local government;
 Grant , franchises approve the issuances of permits or licenses or enact,
ordinances and levy taxes , fees and charges upon such conditions and for such
purposes intended to promote the general welfare of the inhabitants;
 Approve ordinances which shall ensure the efficient and effective delivery of basic
services and facilities; and
 Exercise such other powers and perform such other functions as may be
prescribed by law ordinance.
 Local councils generally formulate laws and other regulatory measures. These
regulatory measures are operationalized in the form of ordinances, proclamations ,
resolutions and or administrative forms. The process of legislation is usually based
on identified needs of the municipality concerning development, peace and order
or in the promotion of economic project activities including requirements in the
social welfare clause provision of the Local Government Code. When the Local
council tackels vital ordinances, such as increasing local taxes, closure of local
roads and other issues vital to the community, the regulatory measures or propose
ordinances undergo a series publics of hearings. These ensure that the community
is aware of the measures and participate in the formulation of laws to be
implemented in response. This process makes people consciously aware of the
actions of Local authorities which are regulatory
 Own source revenue is defined as revenue raised by government from it's own
imposition of a tax, a lisence, a fee or any other charge personal income tax,
consumption taxes and contributions to social insurance plans are all part of that
group.
 The term of office of elective local officials, except barangay officials, which shall
be determined by law, shall be three years and no such official shall serve for more
than three consecutive terms. legislative bodies representation as may be
prescribed by law.
 Division and Merger, no-creation division, merger , abolition, or substanial
alteration of boundaries of local government units shall take effect unless approved
by a majority of votes cast in a plubicate called for the purpose in the political unit
or units directly affected.