decentralization in the philippines local

DECENTRALIZATION IN THE PHILIPPINES

LOCAL GOVERNMENT CODE OF 1991

LGC & DECENTRALIZATION

GRAFT AND CORRUPTION

One of the major initiatives aimed in the continuing attempt to design & develop a more responsive Philippine Public Administration, culminating with the enactment of the Local Government Code of 1991.

The Philippine’s Local Government Code of 1991, also known as RA 7160 has been lauded as one of the BEST & MOST REVOLUTIONARY REFORM LAWS in ASIA.

Decentralization

- transfer of powers from central government to lower levels in a political-administrative & territorial hierarchy.

- to allow for the participation of people & local government.

- to hand over political, financial & administrative authority from central to local governments, so that the government can facilitate & guarantee better public services for the people.

3 Components:3 Components:

1. Political Decentralization

2. Fiscal Decentralization

3. Institutional Decentralization

Also called as Devolution Devolution

Philippines is made up of thousands of islands, making it difficult for a highly-centralized government to manage. This is a major step to harmonize gender-culture sensitive plans & budgets.

involves the transfer of powers & responsibilities from national government agencies to local governments as provided for in the Local Government Code

improves the modes of operation & cooperation between executives, civil servants & citizens regarding the principles of good governance.

3 Indicators of PD:3 Indicators of PD:

* Accountability – local committees consisting of men & women work in selected LGUs according to the guidelines of the LGC to implement result-oriented & target-relevant decisions & measures.

* Transparency – selected LGUs & national organizations/ departments publish their annual budgets in media accessible to citizens such as newspapers, bulletin boards at the town hall & churches; & report semi-annually on the implementation status of programs in citizen’s assemblies.

3 Indicators of PD:3 Indicators of PD:

* Responsibility and Participation – The portion of programs and projects realized by LGUs through active & quantifiable participation, such as job performance & financial contributions of citizens.

PD focuses among others on improved planning & monitoring of development measures, formulating strategies for the active integration of civil society & the economic sector, & the promotion of information exchange & management.

Impact of PDImpact of PD

PD empowered Local Leaders to take greater control over their region’s destinies. Local Leaders, citizens & other stakeholders are given more freedom in determining their development paths.

PD delegated some powers from the central authority to the local authorities, who are much familiar with the cultural, social & economic aspects of their respective regions.

The main objective is for the provinces, cities & municipalities to use their financial resources more efficiently, generate additional resources & tap alternative resources.

The Medium Term Philippine Development Plan 2004-2010 (MTPDP) – specifies the need to maintain fiscal discipline in government spending. It outlines several measures to ensure that fiscal strength is achieved. It calls for a strengthening of the revenue generation effort of the LGUs.

3 Indicators of FD:3 Indicators of FD: The dependency of the cooperating LGUs on

national funds is reduced (2005-2009) by generating additional funds

Improved fiscal systems, especially just taxation for a measurable & transparent improvement of tax revenues

The participating institutions (LGUs, selected gov’t depts, ect) on national, regional & municipal level present coordinated, harmonized and gender-sensitive development plans & budgets are properly implemented.

Impact of FDImpact of FD

FD improved financial management including qualification of participants in areas of financial management, strengthening cooperation on different levels, promoting exchange of experiences, formulating strategies for an improved integration of the business sector & civil society in social and economic programs.

A large part of the operations of the fiscal decentralization focused on the optimization of administrative processes & the standardization of the application of the law for local taxes with the help of information technology.

- Also known as the Debureaucratization

- Involves the harnessing of the private sector & non-governmental organizations in the delivery of services through various modalities including contracting out, private-public partnership & joint ventures.

Focus:

- training staff members of partner organizations,- promoting collaboration among the participating

Institutions - monitoring the development of the programs and

projects being implemented.- clarify roles &responsibilities of government

institutions - national & local- enable efficient and effective interaction among

government, private sector & civil society

Impact of IDImpact of ID

- Better service delivery is a matter of coordination & collaboration.

- Bridging & empowering the public & private sectors of different regions in the country through forums, seminars, workshops, studies & researches.

- Working within networks is a strategic element in achieving sustainability, reliability and a broad effect, especially for the forging of “strategic alliances”.

- Exchange of ideas & mutual understanding among local chief executives, police & military is crucial in achieving sustainable peace & development.

SEC 17 of LGC of 1991

BASIC SERVICES & FACILITIES:BASIC SERVICES & FACILITIES:

LGUs shall endeavor to be self reliant & shall continue exercising the powers & discharging the duties & functions currently vested upon them. LGUs shall likewise exercise such other powers & discharge such other functions & responsibilities as are necessary, appropriate or incidental to efficient & effective provision of the basic services & facilities.

DEVOLVED BASIC SERVICES

ON HEALTH & SOCIAL SERVICES:ON HEALTH & SOCIAL SERVICES:

1) Implementation of programs & projects on primary health care, maternal & child care, & communicable & non-communicable disease control services;

2) Purchase of medicines, medical supplies & equipment needed to carry out services;

3) Social welfare services which include programs & projects on child & youth welfare, family & community welfare, women’s welfare, elderly and disabled persons welfare.


ON ENVIRONMENTAL MANAGEMENT:ON ENVIRONMENTAL MANAGEMENT:

1) Solid waste disposal system;

2) Services or facilities related to hygiene & sanitation;

3) Implementation of community-based forestry projects which include integrated social forestry programs & similar projects;

4) Management & control of communal forests


ON AGRICULTURE:ON AGRICULTURE:

1) Inter – barangay irrigation system ;

2) Water & soil resource utilization & conservation projects;

3) Enforcement of fishery laws in municipal waters including the conservation of mangroves;


ON INFRASTRUCTURE:ON INFRASTRUCTURE:

Maintenance & Rehabilitation of the following:

- roads, bridges & school buildings - clinics, health centers & other health facilities- fish ports, artesian wells, spring development,

rainwater collectors & other water supply systems- seawalls, dikes, drainage sewerage & flood

control- traffic signals & road signs & other similar

facilities


ON TOURISM:ON TOURISM:

1) Tourism facilities & other tourist attractions

2) Acquisition of equipment

3) Regulation & supervision of business concessions

4) Security services for such facilities

Sec 447 of LGC of 1991

POWERS, DUTIES, FUNCTIONS & COMPENSATION

The Sangguniang Bayan, as the legislative body of the municipality shall:

- enact ordinances, approve regulations & appropriate funds for the general welfare o the municipality & its inhabitants.

- review all approved ordinances & executive orders issued by Punong Barangay to determine whether these are within the scope of the prescribed powers of the SB & PB

Sec 447 of LGC of 1991

ORGANIZATIONAL STRUCTURE & STAFFING PATTERN

The Sangguniang Bayan, as the legislative body of the municipality shall:

- determine the powers & duties of officials & employees of the municipality

- determine the positions & salaries, wages, allowances & other emoluments & benefits of officials & employees paid wholly or mainly from municipal funds & provide for expenditures necessary for the proper conduct of programs, projects, services & activities.

Taking Care of People &Environment

Negros Oriental

Saving the Marikina River Marikina City

Acquiring a Complete Equipment Pool

Muñoz, Nueva Ecija

Floating Bonds for Low Cost Housing

Victorias, Negros Occ

Improving the Productivity Naga City

Lote Para sa Mahirap: Land Banking

San Carlos City

Eco-Walk for the Environment Baguio City

Health Insurance Project Guimaras Province

Carabao and Tractor Pool Puerto Princesa

Talahib Handicraft Jones, Isabela

Charging user fees for health services

Malalag, Davao del Sur

Inter-local cooperation: MIGEDZI (Metro-Iloilo Guimaras Economic Development Council

Iloilo and Guimaras

GPook (poverty reduction program, population health and environment program) and LGLA

Concepcion, Iloilo

Bond Flotation for Tourism Development: the Boracay-Aklan Provincial Bond

Caticlan, Aklan

Implementing a fiscal mngmnt system

Gingoog City

Tax mapping, Computerization and GIS in Real Property Taxation

Santa Rosa, Laguna

The LGC has given impetus not only to the local government itself, but the rest of the stakeholders in governance.

Decentralization as a framework of governance serves as a tool in building the capacities of both government & non-government actors in engaging each in managing societal affairs. The cases on best practices have proven this claim.

Decentralization has provided a democratized space where LGUs are able to transform themselves into self-reliant communities & be more independent in managing their own affairs.

In the name of democratic governance, national government may guide local governments & provide policies & technical expertise but they must recognize that in the principle of subsidiarity, the decentralized entity - the LGU, is the nearest to the people.

LGU’s, in order to work smoothly with the national government, should align their development plans along with the national government’s policies but focus more on what development needs are to be met in their community. Thus, the central/national government & the LGUs should not look at each other as competitors in service delivery but as active partners in governing.

Graft is the acquisition of money, position, etc by dishonest or questionable means, by taking advantage of public officer to obtain fees, perquisites, profits on contracts or legislation, or pay for work not done, or service not performed. It is singly committed.

Corruption is an improper consideration to commit a violation of duty, impairment of integrity, virtue or moral principle. It is done in collusion with others.

Corruption or the “misuse of public power for private profit” inhibits growth & development, distorts access to services for poor communities, undermines public confidence in the government’s will & capacity to serve the public. It also deters trade & investments, reduces revenues, increases costs, & propagates wasteful allocation & use of scarce resources.

Negative consequences of corruption are prevalent through favoring vested or selfish interests of a person or entity. Officials & employees of the government tend to neglect the very purpose of civil servants & that is to serve the public interest with utmost fidelity.

Tolerating corruption encourages negative & poor bureaucratic behavior of anyone in the service. In effect, it ruins public trust & confidence in the government.

With regard to public personnel, corruption undermines merit & fitness system & inhibits civil servant motivation to uphold integrity. Moreover, corruption leads to poor quality of programs, projects & services; ineffective, inefficient & unaccountable administration.

PRESIDENTIAL AGENCIES & NON-GOVERNMENT ORGANIZATIONS

- President’s Committee on Public Ethics & Accountability (PCPEA)- Presidential Anti-Graft Commission (PAGC)- National Coalition of Transparency – launched in 1989, composed of over 30 anti-corruption NGOs - National Citizens Movement for Free Elections (NAMFREL)- Anti-Police Scalawag (APSG)- Graft Free Philippines Foundation Inc.

OTHER INITIATIVES

Other initiatives address the socio-cultural environment which permits graft & corruption. This includes the 1987 Senate resolution to study strengths and weaknesses of Filipino character, with a view toward strengthening anti-corruption values and attitudes in the society

- Aquino’s “Values Education Program” in 1988- Ramos’ “Moral Recovery Program” in 1992

- Estrada’s Philippine Jaycee Senate

LAWS TO FIGHT GRAFT & CORRUPTION

- RA 6770, the Ombudsman Act of 1989- RA 8249, an Act further defining the Jurisdiction of the Sandiganbayan, amending for the purpose of PD 1606- RA 7975, an Act to strengthen the functional & structural organization of the Sandiganbayan, amending PD 1606- RA 3019, Anti-Graft & Corrupt Practices Act- RA 185, an Act amending sections 8,-11 &13 of RA 3019- PD 677, amending section 7 of RA 3019- RA 6713, Code of Conduct & Ethical Standards for Public Officials & employees

- RA 7080, an Act defining & Penalizing the crime of Plunder- RA 1379, an Act declaring forfeiture in favor of the state any property found to have been unlawfully acquired by any public officer or employee- PD 749, Granting Immunity from Prosecution to givers of Bribes & other gifts & to their accomplices in bribery & other Graft cases against Public Officers


- RA 6028, Citizens Counselor Act of 1969, an Act to promote higher standards of efficiency and justice in the administration of laws as well as to better secure the right of the people to petition the government fore redress of grievances creating therefor the office of the Citizen’s Counselor.- PD 6, amending certain rules on discipline of Gov’t Officials & Employees- PD 46, making it punishable for public officials & employees to receive & for private persons to give gifts on any occasion, including Christmas- Proclamation No 189, President Joseph E Estrada’s declaration of War against Graft and Corruption- EO 317, Prescribing a Code of Conduct for relatives & Close Personal Relations of the President, Vice-President & members of the Cabinet- EO 12, creating the Presidential Anti-Graft Commission & providing for its powers, duties & functions, repealing EO 268 (an Act creating Anti- Corruption Commission against Graft & Corruption, created under EO 151)


- EO 327, amending EO 12 dtd 16 Apr 200. “creating the Presidential Anti- Graft Commission & Providing for its powers, duties and functions.

- EO 531-A, amending EO 531, s 2006, to further strengthen the Presidential Anti-Graft Commission

- RA 242, an Act prescribing the period within which a denounced public officer may bring action against an informant or witness who gave false or malicious testimony, amending for the purpose Sec 2 of PD 7041, “Granting immunity from prosecution to givers of bribes & other gifts & to their accomplices in bribery & other graft cases against public officers.

- PD 807, Civil Service Decree of the Philippines

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decentralization in the philippines local

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