LOCAL GOVERNMENT SYSTEM IN

THE PHILIPPINES

Julie-Anne C. Sernal

Department of Energy
Empoweringthe Filipino
 Topic Outline

Prior Consultations on Ecological Balance

Powers of LCE over the Units of PNP

Inter Local Government Relations

Cooperative Undertakings among LGUs

Relations with POs and NGOs

Department of Energy
Empoweringthe Filipino
 Prior Consultations on Ecological Balance
Sec. 26 of RA 7160 - Duty of National Government Agencies (NGAs) in
the Maintenance of Ecological Balance

It shall be the duty of every NGA or government-owned or -controlled

corporation (GOCC) authorizing or involved in the planning and
implementation of any project or program that may cause pollution,
climatic change, depletion of non-renewable resources, loss of crop
land, rangeland, or forest cover, and extinction of animal or plant
species, to consult with the LGUs, non-governmental organizations
(NGOs), and other sectors concerned and
1. Explain the goals and objectives of project or program
2. Explain its impact upon the people and the community in terms of
environmental or ecological balance, and
3. Explain the measures that will be undertaken to prevent or minimize the
adverse effects thereof.

Department of Energy
Empoweringthe Filipino
 Prior Consultations on Ecological Balance
Sec. 2 of RA 7160 – Declaration of the Policy

(c) It is likewise the policy of the State to require all national agencies and
offices to conduct periodic consultations with appropriate local
government units, NGOs and people's organizations (POs), and other
concerned sectors of the community before any project or program is
implemented in their respective jurisdictions.

Department of Energy
Empoweringthe Filipino
 Prior Consultations on Ecological Balance
Sec. 27 of RA 7160 – Prior Consultations are required.

No project or program shall be implemented by government authorities

unless the consultations mentioned in Sections 2 (c) and 26 of RA
7160 are complied with, and prior approval of the Sanggunian
concerned is obtained: Provided, that occupants in areas where such
projects are to be implemented shall not be evicted unless appropriate
relocation sites have been provided, in accordance with the provisions of
the Constitution.

Department of Energy
Empoweringthe Filipino
 Prior Consultations on Ecological Balance

 Prior consultations with the LGU and other sectors of the

community is conducted
 Prior approval of the Sanggunian concerned is secured
 Appropriate relocation sites, if there will be occupants to be
evicted, are provided

Department of Energy
Empoweringthe Filipino
 Powers of LCE over the Units of PNP
Sec. 28 of RA 7160 – Powers of Local Chief Executives over the Units
of the Philippine National Police.

The extent of operational supervision and control of local chief executives

over the police force, fire protection unit, and jail management personnel
assigned in their respective jurisdictions shall be governed by the provisions
of R.A. No. 6975, otherwise known as "The Department of the Interior and
Local Government Act of 1990", and the rules and regulations issued
pursuant thereto.

Department of Energy
Empoweringthe Filipino
 Powers of LCE over the Units of PNP
Conflict of Interest
Sample cases wherein the LCE, who are both lawyers, could not qualify as effective and vigilant counsel as
the lawyers should be present and able to advise and assist their clients from the time the latter answers
the first question of the investigating officer.

People vs Tomaquin G.R. No. 133188, 2004

The Punong Barangay could not represent a client who has been accused of committing a crime within his
territorial jurisdiction without any conflict of interest.

People vs Velarde G.R. No. 139333, 2002

The Municipal Mayor could not represent a client due to conflict of interest between his role as providing
Operational Control and Supervision to the PNP where the custodial interrogation will take place.

Department of Energy
Empoweringthe Filipino
 Inter Local Government Relations
Sec. 29 of RA 7160. Provincial Relations with Component Cities and
Municipalities.
The province, through the governor, shall ensure that every component city and
municipality within its territorial jurisdiction acts within the scope of its prescribed
powers and functions. Highly urbanized cities and independent component cities
shall be independent of the province.

Department of Energy
Empoweringthe Filipino
 Inter Local Government Relations
Sec. 30 of RA 7160. Review of Executive Orders.
Except as otherwise provided in the Constitution and special statutes…
The Governor shall:
Review all executive orders promulgated by the component city or municipal mayors
under his jurisdiction.

The City or Municipal Mayor shall:

Review all executive orders promulgated by the punong barangays within his
jurisdiction.

Copies of such orders shall be forwarded to the governor or city or municipal mayor
within three (3) days from issuance

Department of Energy
Empoweringthe Filipino
 Inter Local Government Relations
Sec. 30 of RA 7160. Review of Executive Orders.

In all instances of the Review, the Local Chief Executive:

 Shall ensure that such executive orders are within the powers granted by
law and in conformity with provincial, city or municipal ordinances.

 Failure to act on the said executive orders within 30 days after

submission, the same shall be deemed consistent with the law and
therefore valid.

Department of Energy
Empoweringthe Filipino
 Inter Local Government Relations

Sec. 32 of RA 7160. City and Municipal Supervision over Their

Respective Barangays.

The City or Municipal Mayor:

 Shall exercise general supervision

over component cities or
municipalities and component
barangays to ensure that said cities
or municipalities and barangays act
within the scope of their prescribed
powers and functions.

Department of Energy
Empoweringthe Filipino
 Cooperative Undertakings among LGUs
Sec. 33 of RA 7160. Cooperative Undertakings Among Local Government
Units.

 LGUs may, through appropriate ordinances, group themselves, consolidate or

coordinate their efforts, services and resources for purposes commonly beneficial
to them.

 Upon the approval of the Sanggunian concerned, after conducting public hearing
for the purpose, the LGUs involved may contribute funds, real estate, equipment
and other kinds of property and appoint or assign a personnel under such terms
and conditions as may be agreed upon by participating LGUs through
Memorandum of Agreement.

Department of Energy
Empoweringthe Filipino
 Relations with POs and NGOs

Sec. 34 of RA 7160. Role of People's and Nongovernmental Organizations.

Local government units shall promote the establishment and operation of

people's and nongovernmental organizations to become active partners in
the pursuit of local autonomy.

Department of Energy
Empoweringthe Filipino
 Relations with POs and NGOs

Sec. 35. Linkages with People's and Non-Governmental

Organizations.

LGUs may enter into joint ventures and such other cooperative
arrangements with people's and nongovernmental organizations to engage
in the delivery of certain basic services, capability-building and
livelihood projects, and to develop local enterprises designed to
improve productivity and income, diversify agriculture, spur rural
industrialization, promote ecological balance, and enhance the
economic and social well-being of the people.

Department of Energy
Empoweringthe Filipino
 Relations with POs and NGOs

Sec. 36. Assistance to People's and Nongovernmental Organizations.

A local government unit may, through its local chief executive and with the
concurrence of the Sanggunian concerned, provide assistance, financial
or otherwise, to such people's and nongovernmental organizations
for economic, socially-oriented, environmental, or cultural projects to
be implemented within its territorial jurisdiction.

Department of Energy
Empoweringthe Filipino
 Relations with POs and NGOs
Alternative Center for Organizational Reforms and Development, et al vs. Zamora, et. Al GR No. 144256, 2005
Pres. Estrada submitted to Congress the National Expenditures Program for fiscal year 2000 proposing an Internal Revenue
Allotment (IRA) of P121.8 billion. Congress passed the GAA for the year 2000 providing P111.8 billion IRA for LGUs and a
separate item under “Unprogrammed Fund” amounting to P10 billion to fund the IRA that will be released only when the original
revenue targets submitted by the President to the Congress is realized based on a quarterly assessment by certain
committees.
The Case was filed before the Supreme Court wherein the Ruling was:
• The Executive branch of government has the duty to automatically release the just share of LGUs in the national
taxes, thus it enjoins the Legislative branch not to pass laws that would prevent the Executive branch from
performing such duty.
• To hold tat the Executive branch may disregard constitutional provisions which defines its duties is essentially to
make the Constitution amendable by statute which is absurd
• Under Article X, Section 6 of the Constitution, only the just share of the LGUs in the national taxes should be
determined by the law and not the release of such which means that the Congress is not authorized to hinder or
impede the automatic release of the IRA
• When the GAA withhold the release of the IRA with the occurrence of an event, it strips off the term “automatic” in
the release of the IRA.

Department of Energy
Empoweringthe Filipino
 Thank you!

Department of Energy
Empowering the Filipino