local government in the philippines1

Local Government in the PhilippinesPresented by:

Mirela A. VerzosaBA POLITICAL SCIENCE IV

History of Local Governance in the Philippines

During the Period of Conquest and Before

The cities, municipalities, and provinces of today evolved from the barangays of pre-Spanish times, the pueblos and cabildos of the Spanish colonial days and the townships of the American regime.

The local villages (barangay) of the Philippine archipelago have been existent even before the arrival of the Spanish colonizers.

They were, for all intents and purposes, autonomous

territorial and political units headed by a monarchial

chieftain called the datu, panginoon or pangulo.

The Barangays The pre-Spanish barangays were the first

political and social organizations of the Philippines. A barangay was a settlement of some 30 to 100 families and a governmental unit in itself.

Spanish Conquest The lack of unity among the warring barangays

made conquest easier for the Spaniards. Gradually, the datus were shorn of their powers. The Spaniards organized pueblos (municipalities), Cabildos (cities), and provincias (provinces). The provinces were established “for the convenience of administration and constituted the immediate agencies through which the central government could extend its authority on numerous villages.” In place of the barangays, barrios were established, and the datus were made into cabezas de barangay whose only remaining function was the collection of taxes for the Spanish government.

In 1893, the Spanish colonizers enacted the Maura Law. This was “Spain’s belated and half hearted tribute to Filipinos ability in self government, which includes the establishment of tribunales, municipales and juntas provinciales. However, inspite of the law, a centralized regime still prevailed with the “retention of rights and prerogatives by the principalia class, the straight laced centralization of powers, the continued intervention of the church in State affairs, the limited franchise granted, the inadequate election method devised and enforced, and the defected financial system instituted.

Local Governments during the First Philippine Republic The importance of local governments was recognized

by Gen. Emilio Aguinaldo and Apolinario Mabini in their program of government for the First Philippine Republic. Filipino leaders knew that “if a strong and enduring Filipino nation was to be established, it must be able to maintain itself in all emergencies, and the whole political fabric must be well founded on an efficient system of local governments. The Malolos Constitution provided a separate article on local government (Title XI, Article 82). Local autonomy was made explicit in the introductory portion which stipulated that “the organization and powers of the provincial and municipal assemblies shall be governed by their respective laws.”

Under the Malolos Constitution, the officials were elected on a popular basis and “decentralization and “local autonomy” (which was actually the language used in the Malolos Constitution) were among the rallying cries of the period. Local law-making bodies, namely the municipal and provincial assemblies, were instituted.

Local Governments during the American Regime The Americans contributed very little, if at all, to

the development of local autonomy. In fact, national-local relationship reverted to the strong centralism that characterized the Spanish colonial regime. .”The Commission’s blueprint for town organization provided for a President to be elected viva voce by residents of the town with the approval of the Commanding Officer. His duty consisted in the establishment of a police force, collection of taxes, enforcement of regulations on market and sanitation, establishment of schools, and the provision for lighting facilities.

During the American occupation, we saw the promulgation of a number of policies promoting local autonomy; 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 396 of 1905); and the extension of popular control like the elimination of appointive members of the provincial board. But inspite of the enactment of policies purportedly supportive of local autonomy, the Americans maintained a highly centralized politico-administrative structure. Largely because of security considerations, local affairs had too be under the control of the Americans.

The Commonwealth and Centralism 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.”

Local governments in the Philippines was placed under the general supervision of the president following the provision embedded in Article VII Section II of the 1945 Constitution. Additionally, the President, by statute, could alter the jurisdictions of local governments and in effect, create or abolish them. Ocampo and Panganiban note that the constitutional provision limiting the President’s power to general supervision was a compromise measuresubstituted for the stronger gurantee of local autonomy proposed during the constitutional convention. President Quezon preferred to appoint the chief officials of cities and would brook no democratic nonsense

Local Governance During the Period of Independence and After

The Third RepublicRA 2664 An Act Amending the Laws Governing Local Governments

by Increasing their Autonomy and Reorganizing Provincial Governments was enacted. This act 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.

RA 2370 this sought to transform the barrios, the smallest political

unit of the local government into quasi municipal corporations by vesting them some taxing powers . Barrios were to be governed by an elective Barrio Council

Less than a decade later, the Decentralization Act of 1967 (RA 5185) was enacted. It further increased the financial resources of local governments and broadened their decision-making powers over administrative (mostly fiscal and personnel) matters. More specifically, the Decentralization Act provided that it will

grant local governments greater freedom and ampler means to respond to the needs of their people and promote prosperity and happiness to effect a more equitable and systematic distribution of governmental powers and resources. To this end, local government henceforth shall be entrusted with the performance of those functions that are more properly administered in the local level and shall be granted with as mush autonomous powers and financial resources as are required in the more effective discharge of their responsibilities.

The Imposition of Martial Law Abolished local government and vested in the dictator the powers to appoint local officials who were beholden to him, was great setback for the local autonomy movement in the Philippines. Notwithstanding the highly centralized dictatorial setup, the 1973 constitution rhetorically committed itself to a policy in local autonomy.

President Marcos continued to exercise supervision and control over the local governments. Still, the Authoritarian government promulgated the Local Government Code of 1983 (Batas Pambansa Bilang 337) which reiterated the policy of the State to gurantee and promote the autonomy of local government units to ensure their fullest development as self-reliant communities and make them effective partners in the pursuit of national development.

The installation of Corazon Aquino as President saw the promulgation of the Freedom Constitution. It

provided that “the President shall have control

and exercise general supervision over all local governments. It was this

provision that enabled Mrs. Aquino, through the

Minister of Local Government, to remove local official throughout

the country whose loyalties were questionable, and

replace them with officers-in-charge

The Local Government Code of 1991 is considered the most radical and far reaching policy that addressed the decade old problem of a highly centralized

politico-administrative system.

Local Governments at present After the People Power Revolution, the new Aquino

government decided to replace all the local officials who had served Marcos. Corazon Aquino delegated this task to her political ally, Aquilino Pimentel. Pimentel named officers in charge of local governments all across the nation. Local officials elected in 1988 were to serve until June 1992, under the transitory clauses of the new constitution. Thereafter, terms of office were to be three years, with a three-term limit. On October 10, 1991, The Local Government Code 1991 (R.A.7160) was signed into law. This Code ordained an authentic and workable local autonomy through the devolution of certain powers from the national government to the local governments.

Specific requirements for the Creation, Merger, Abolition,

Division and Substantial Alteration of Boundaries

Creation Merger Abolition Division Substantial Alteration

*A barangay may be created out of a contiguous territory which has a population of at least two thousand (2,000) inhabitants as certified by the National Statistics Office.*The territorial jurisdiction of the new barangay shall be properly identified by metes and bounds or by more or less permanent natural boundaries. The territory need not be contiguous if it comprises two (2) or more islands. The governor or city mayor may prepare a consolidation plan for barangays, based on the criteria prescribed in this Section, within his territorial jurisdiction. The plan shall be submitted to the sangguniang panlalawigan or sangguniang panlungsod concerned for appropriate action.

law or by an ordinance of the sangguniang panlalawigan or panlungsod, subject to approval by a majority of the votes cast in a plebiscite to be conducted by the COMELEC in the local government unit or units directly affected within such period of time as may be determined by the law or ordinance creating said barangay.




Barangay

Creation Merger Abolition Division Substantial Alteration* A municipality or a cluster of barangays may be converted into a component city if it has an average annual income, as certified by the Department of Finance, of at least Twenty million (P20,000,000.00) for the last two (2) consecutive years based on 1991 constant prices, and if it has either of the following requisites:(i) a contiguous territory of at least one hundred (100) square kilometers, (ii) a population of not less than one hundred fifty thousand (150,000) inhabitants, as certified by the National Statistics Office:Provided, The territorial jurisdiction of a newly-created city shall be properly identified by metes and bounds. The requirement on land area shall not apply where the city proposed to be created is composed of one (1) or more islands. The territory need not be contiguous if it comprises two (2) or more islands.(c) The average annual income shall include the income accruing to the general fund, exclusive of specific funds, transfers, and non-recurring income.

A city may be created, divided, merged, abolished, or its boundary substantially altered, only by an Act of Congress, and subject to approval by a majority of the votes cast in a plebiscite to be conducted by the COMELEC in the local government unit or units directly affected. Except as may otherwise be provided in such Act. the plebiscite shall be held within one hundred twenty (120) days from the date of its effectivity.




Cities


*A municipality may be created if it has an average annual income, as certified by the provincial treasurer, of at least Two million five hundred thousand pesos (P2,500,000.00) for the last two (2) consecutive years based on the 1991 constant prices; a population of at least twenty-five thousand (25,000) inhabitants as certified by the National Statistics Office; and a contiguous territory of at least fifty (50) square kilometers as certified by the Lands Management Bureau:

The territorial jurisdiction of a newly created municipality shall be properly identified by metes and bounds. The requirement on land area shall not apply where the municipality proposed to be created is composed of one (1) or more islands. The territory need not be contiguous if it comprises two (2) or more islands.

The average annual income shall include the income accruing to the general fund of the municipality concerned, exclusive of special funds, transfers and non-recurring income.

A municipality may be created, divided, merged, abolished, or its boundary substantially altered only by an Act of Congress and subject to the approval by a majority of the votes cast in a plebiscite to be conducted by the COMELEC in the local government unit or units directly affected. Except as may otherwise be provided in the said Act, the plebiscite shall be held within one hundred twenty (120) days from the date of its effectivity.




Municipality


(a) A province may be created if it has an average annual income, as certified by the Department of Finance, of not less than Twenty million pesos (P20,000,000.00) based on 1991 constant prices and either of the following requisites:(i) a contiguous territory of at least two thousand (2,000) square kilometers, as certified by the Lands Management Bureau; or(ii) a population of not less than two hundred fifty thousand (250,000) inhabitants as certified by the National Statistics Office:Provided, That, the creation thereof shall not reduce the land area, population, and income of the original unit or units at the time of said creation to less than the minimum requirements prescribed herein.(b) The territory need not be contiguous if it comprise two (2) or more islands or is separated by a chartered city or cities which do not contribute to the income of the province.(c) The average annual income shall include the income accruing to the general fund, exclusive of special funds, trust funds, transfers and non-recurring income.

A province may be created, divided, merged, abolished, or its boundary substantially altered, only by an Act of Congress and subject to approval by a majority of the votes cast in a plebiscite to be conducted by the COMELEC in the local government unit or units directly affected. The plebiscite shall be held within one hundred twenty (120) days from the date of effectivity of said Act, unless otherwise provided therein.




Province

GENERAL POWERS AND ATTRIBUTES OF LOCAL

GOVERNMENT UNITS

EXPRESS AND IMPLIED POWERS Within their respective territorial jurisdictions,

local government units shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety,

enhance the right of the people to a balanced ecology,

encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals,

enhance economic prosperity and social justice, promote full employment among their residents,

maintain peace and order, and preserve the comfort and convenience of

their inhabitants.

Every local government unit, as a corporation, shall have the following powers:

To have continuous succession in 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 other powers as are granted to corporations, subject to the limitations provided in this Code and other laws.

Local government units may continue using, modify, or change their existing corporate seals: Provided, That newly established local government units or those without corporate seals may create their own corporate seals which shall be registered with the Department of the Interior and Local Government: Provided, further, That any change of corporate seal shall also be registered as provided herein.

Local government units shall enjoy full autonomy in the exercise of their proprietary functions and in the management of their economic enterprises, subject to the limitations.

Executive and Legislative Powers

Local executive power is exercised by the governor for the province; the city mayorfor the city; the municipal mayor for the municipality; and the barangay captain for the barangay.

Local legislative power shall be exercised by the sangguniang panlalawigan for the province; the sangguniang panlungsod for the city; the sangguniang bayan for the municipality; and the sangguniang barangay for the barangay.

Internal and External Powers The delivery of basic services which include health, social

services, environment through community based projects, agriculture, public works, education, tourism ams telecommunication and housing projects.

Regulatory powers such as reclassification of lands, enforcement of environmental laws, inspection of food products, operation of tricycles, issuance of birth certificates and death certificates and the likes.

Power to enter into buil-operate-transfer (BOT) arrangements with the private sector, float bonds, etc to encouraged them to be more business like and competitive in therir operations

Revenue Powers Article X, Section VI Each local government unit shall have the

power to create its own sources of revenue and to levy taxes, fees, and charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to local governments

Local Government Unit has the power to create their own sources of revenue loans, and to levy taxes, fees, and charges to finance government activities.

General Welfare. - Every local government unit shall exercise the

powers expressly granted, those necessarily implied there from, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, local government units shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants.

Eminent Domain A local government unit may, through its chief executive and acting

pursuant to an ordinance, exercise the power of eminent domain for public use, or purpose or welfare for the benefit of the poor and the landless, upon payment of just compensation, pursuant to the provisions of the Constitution and pertinent laws:

Provided, however, That the power of eminent domain may not be exercised unless a valid and definite offer has been previously made to the owner, and such offer was not accepted:

Provided, further, That the local government unit may immediately take possession of the property upon the filing of the expropriation proceedings and upon making a deposit with the proper court of at least fifteen percent (15%) of the fair market value of the property based on the current tax declaration of the property to be expropriated:

Provided, finally, That, the amount to be paid for the expropriated property shall be determined by the proper court, based on the fair market value at the time of the taking of the property.

ELECTIVE LOCAL GOVERNMENT OFFICIALS

QUALIFICATIONS

1. An elective local official must be a citizen of the Philippines; a registered voter in the barangay, municipality, city or provinceor, in the case a member of the sangguniang panlalawigan, sangguniang panglunsod, or sangguniang bayan, the district where he intends to be elected; a resident therein at least one year immediately preceeding the day of election; and able to read and write Filipino or any other local language or dialect

(

2. Candidates for the position of governor, vice governor, or member of the sangguniang panlalawigan, or mayor, vice mayor or member of the sangguniang panlungsod of highly urbanized cities must al least be twenty one (21) years of age on election day.3. Candidates for the position of mayor or vice mayor of independent component cities must be at least twenty-one (21) years of age on election day.4. Candiates for the position of punong barangay or member of the sangguniang barangay must be at least eighteen (18) years of age on election day5.Candidates for the sangguniang kabataan must be at least fifteen (15) years of age but not more than twenty one (21) years of age on election day.

Disqualifications

1. Those sentenced by final judgement of an offense involving moral turpitude or for an offense punishable by one (1) year or more imprisonment, within two yeasr after serving sentence.

2. Those removed from office as result of an administrative case;

3. Those convicted by final judgement for violating the oath of allegiance ot the Republic

4. Those with dual citizenships

5. Fugitives from justice in criminal or non political cases here or abroad

6. Permanent residents in aforeign country or those who have acquired the right ot reside abroad and coninue to avail of the same right

7. The insane or feeble-minded

Disqualifications

Manner of Election

The governor, vice-governor, city mayor, city vice-mayor, municipal mayor, municipal vice-mayor, and punong barangay shall be elected at large in their respective units by the qualified voters therein. However, the sangguniang kabataan chairman for each barangay shall be elected by the registered voters of the katipunan ng kabataan, as provided in this Code.

The regular members of the sangguniang panlalawigan, sangguniang panlungsod, and sangguniang bayan shall be elected by district, as may be provided for by law. Sangguniang barangay members shall be elected at large. The presidents of the leagues of sanggunian members of component cities and municipalities shall serve as ex officio members of the sangguniang panlalawigan concerned. The presidents of the "liga ng mga barangay and the pederasyon ng mga sangguniang kabataan" elected by their respective chapters, as provided in this Code, shall serve as ex officio members of the sangguniang panlalawigan, sangguniang panlungsod, and sangguniang bayan.

In addition thereto, there shall be one (1) sectoral representative from the women, one (1) from the workers, and one (1) from any of the following sectors: the urban poor, indigenous cultural communities, disabled persons, or any other sector as may be determined by the sanggunian concerned within ninety (90) days prior to the holding of the next local elections as may be provided for by law. The COMELEC shall promulgate the rules and regulations to effectively provide for the election of such sectoral representatives.

Term of Office

The term of office of all local elective officials elected after the effectivity of this Code shall be three (3) years, starting from noon of June 30, 1992 or such date as may be provided for by law, except that of elective barangay officials: Provided, That all local officials first elected during the local elections immediately following the ratification of the 1987 Constitution shall serve until noon of June 30, 1992.

No local elective official shall serve for more than three (3) consecutive terms in the same position. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of service for the full term for which the elective official concerned was elected.

The term of office of barangay officials and members of the sangguniang kabataan shall be for three (3) years, which shall begin after the regular election of barangay officials on the second Monday of May 1994.

Grounds for Disciplinary Actions

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 fifteen (15) consecutive

working days, except in the case of members of the sangguniang panlalawigan, sangguniang panlungsod, sangguniang bayan, and sangguniang barangay;

Application for, or acquisition of, foreign citizenship or residence or the status of an immigrant of another country; and

Procedure in the conduct of investigations

Form and Filing of Administrative Complaints A verified complaint against any erring local

elective official shall be prepared as follows: A complaint against any elective official of a

province, a highly urbanized city, an independent component city or component city shall be filed before the Office of the President;

A complaint against any elective official of a municipality shall be filed before the sangguniang panlalawigan whose decision may be appealed to the Office of the President; and

A complaint against any elective barangay official shall be filed before the sangguniang panlungsod or sangguniang bayan concerned whose decision shall be final and executory.

Notice of hearing

Within seven (7) days after the administrative complaint is filed, the Office of the President or the sanggunian concerned, as the case may be, shall require the respondent to submit his verified answer within fifteen (15) days from receipt thereof, and commence the investigation of the case within ten (10) days after receipt of such answer of the respondent.

When the respondent is an elective official of a province or highly urbanized city, such hearing and investigation shall be conducted in the place where he renders or holds office. For all other local elective officials, the venue shall be the place where the sanggunian concerned is located.

However, no investigation shall be held within ninety (90) days immediately prior to any local election, and no preventive suspension shall be imposed within the said period. If preventive suspension has been imposed prior to the 90-day period immediately preceding local election, it shall be deemed automatically lifted upon the start of aforesaid period.

The investigation of the case shall be terminated within ninety (90) days from the start thereof. Within thirty (30) days after the end of the investigation, the Office of the President or the sanggunian concerned shall render a decision in writing stating clearly and distinctly the facts and the reasons for such decision. Copies of said decision shall immediately be furnished the respondent and all interested parties.

(b) The penalty of suspension shall not exceed the unexpired term of the respondent or a period of six (6) months for every administrative offense, nor shall said penalty be a bar to the candidacy of the respondent so suspended as long as he meets the qualifications required for the office.

(c) The penalty of removal from office as a result of an administrative investigation shall be considered a bar to the candidacy of the respondent for any elective position.

Administrative Appeals Decisions in administrative cases may,

within thirty (30) days from receipt thereof, be appealed to the following:

The sangguniang panlalawigan, in the case of decisions of the sangguniang panlungsod of component cities and the sangguniang bayan; and

The Office of the President, in the case of decisions of the sangguniang panlalawigan and the sangguniang panlungsod of highly urbanized cities and independent component cities.

RECALL

The power of recall for loss of confidence shall be exercised by the registered voters of a local government unit to which the local elective official subject to such recall belongs.

Initiation of the Recall Process. - Recall may be initiated by a preparatory recall assembly or

by the registered voters of the local government unit to which the local elective official subject to such recall belongs.

There shall be a preparatory recall assembly in every province, city, district, and municipality which shall be composed of the following:

Provincial level. - All mayors, vice-mayors, and sanggunian members of the municipalities and component cities;

City level. - All punong barangay and sanggunian barangay members in the city;

Legislative District level. - In case where sangguniang panlalawigan members are elected by district, all elective municipal officials in the district; and in cases where sangguniang panlungsod members are elected by district, all elective barangay officials in the district; and

Municipal level. - All punong barangay and sangguniang barangay members in the municipality.

A majority of all the preparatory recall assembly members may convene in session in a public place and initiate a recall proceedings against any elective official in the local government unit concerned. Recall of provincial, city, or municipal officials shall be validly initiated through a resolution adopted by a majority of all the members of the preparatory recall assembly concerned during its session called for the purpose.

Recall of any elective provincial, city, municipal, or barangay official may also be validly initiated upon petition of at least twenty-five percent (25%) of the total number of registered voters in the local government unit concerned during the election in which the local official sought to be recalled was elected.

A written petition for recall duly signed before the election registrar or his representative, and in the presence of a representative of the petitioner and a representative of the official sought to be recalled and, and in a public place in the province, city, municipality, or barangay, as the case may be, shall be filed with the COMELEC through its office in the local government unit concerned. The COMELEC or its duly authorized representative shall cause the publication of the petition in a public and conspicuous place for a period of not less than ten (10) days nor more than twenty (20) days, for the purpose of verifying the authenticity and genuineness of the petition and the required percentage of voters.

Upon the lapse of the aforesaid period, the COMELEC or its duly authorized representative shall announce the acceptance of candidates to the position and thereafter prepare the list of candidates which shall include the name of the official sought to be recalled.

Upon the filing of a valid resolution or petition for recall with the appropriate local office of the COMELEC, the Commission or its duly authorized representative shall set the date of the election on recall, which shall not be later than thirty (30) days after the filing of the resolution or petition for recall in the case of the barangay, city, or municipal officials. and forty-five (45) days in the case of provincial officials. The official or officials sought to be recalled shall automatically be considered as duly registered candidate or candidates to the pertinent positions and, like other candidates, shall be entitled to be voted upon.

The recall of an elective local official shall be effective only upon the election and proclamation of a successor in the person of the candidate receiving the highest number of votes cast during the election on recall. Should the official sought to be recalled receive the highest number of votes, confidence in him is thereby affirmed, and he shall continue in office.

The elective local official sought to be recalled shall not be allowed to resign while the recall process is in progress.

local government in the philippines1

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