LOCAL

GOVERNMENT
HISTORY AND
BACKGROUND

LGC OF 1991

LOCAL POLITICS

HANNAH MARIE O. AGAS

MM-PM
LOCAL GOVT MGT
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
Local Government History
and Background
From the Pre-Colonial Period to the Present Time
 Post
Pre- Colonization
Colonization
Present
Time
colonial Period
1521-1898

1946 -present
Spanish American
Period
Period

1898-1946

Maura Barrio;
Pueblo Barrio Marcos LGC of
Barangay
Barangay Barangay
Barangay Law of Centralized
Centralized
Alcaldia Charter Dictatorship
Dictatorship 1991
1983 system
PRE-COLONIZATION PERIOD
The concept of barangay
BARANGAY
 Itcame from the word balangay which means
“sailboat” – used by the Malays to migrate
(Migration theory)
 Barangay originally referred to a group of
boats and their passengers who migrated to
the Philippines
 Each boat carried an entire family including
relatives, friends and slaves
 After landing, the group founded a village
BARANGAY
 Later on, barangay came to mean a village
constituted by these settlers
 Smallest form of community
 Ruled by a datu (other books call them
Pangolo, Rajah, Hadji, Sultan, Gat or Lakan)
 Datu is the chieftain of the barangay and is
the wealthiest person in the community
 Members of the community are: datu, timawa
(maharlika – less free), and alipin (saguiguilid
and namamahay)
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 function of the barangay was
preservation of peace and mutual protection
from hostile inhabitants of other barangays
 There were occasional confederations of
barangays, each governed by its own datu but
under the overall authority of the chief of the
largest or most prosperous barangay
BARANGAY
 The Philippines was said to be easily colonized
because of the lack of a centralized
government. Each barangay existed
independently of the other and the powers
that each datu enjoyed were confined only to
his own barangay. Spaniards took advantage
of this situation.
SPANISH PERIOD
(1521-1898)
BARANGAY
 During the early part of the Spanish regime,
the barangay organization was retained.
 The datu remained its head but his powers
were nominal, restricted by both lay and
ecclesiastical authorities.
 He became largely a figurehead to facilitate
the barangay’s cooperation with the Spanish
administration (esp tax collection)
BARANGAY
 The Spanish government used the datus to
protect their country
 Datus became tax collectors, “mere executors
of Spanish policy”
 Spanish administrators utilized existing local
social institutions for the formation of a highly
centralized; autocratic colonial regime
BARANGAY
 Barangays were consolidated into towns
(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 no salary but was exempted from
paying taxes and could appoint one or two
trustworthy assistants
 Main duties were collecting village taxes and
maintaining law and order
 The barangay was later called barrio (ward or
village) and the cabeza, Teniente del Barrio
(Barrio Lieutenant)
SOCIAL STRUCTURE
1) Principalia – noble class, composed of
gobernadorcillo or cabeza de barangay, can be
elected for public office and allowed to vote
2) Ilustrados – Spanish for erudite, Filipino
educated class
3) Native Intellectuals
 Indios - usually Malays
 Insulares - Spanish born in the Ph
 Meztizos - mixed bloodline
 Peninsulares - Spaniards born in Spain
PROVINCES (ALCALDIA)
 The Spaniards created local government units
to facilitate the country’s administration
 Two types:
1. Alcaldia (fully subjugated) – led by the alcalde
mayor assissted by a provincial council (junta
provincial)
2. Corregimientos (unpacified military zones) –
headed by corregidores
PROVINCES (ALCALDIA)
 Alcalde mayors and corregidores acted as :
 Judge
 inspector of encomiendas
 chief of police
 tribute collector
 capitan-general of the province and even vice-
regal patron

With annual salary ranging from P300 to P2000

before 1847, and P1500 to P1600 after it
CITY GOVERNMENT
(AYUNTAMIENTOS)
 Larger towns became cities called ayuntamiento
 Also headed by alcalde mayor
 Became the center of trade and industry
 had a city council called cabildo
 Composed of: alcalde (mayor), regidores
(councilors), alguacil mayor (police chief),
escribando (secretary)
PUEBLOS (TOWN OR
MUNICIPALITY)
 Led by gobernadorcillo (little governor)
 Each pueblo had a church, convent, municipal
hall, court house, schools, and houses
 Had a medium to large population
GOBERNADORCILLO
 Supervised farm land and the livestock or
animals in farms
 Supervised the local police force
 Was also called “Capitan”
 He was assisted by 3 officials; called the
tenientes de justicia
 Was allowed only one year in the position.
GOBERNADORCILLO
 He was elected by the cabezas de barangay
 Also enjoyed certain privileges such as
exemptions from personal, military and tax
duties
MAURA LAW OF 1893
 May 19, 1893
 Named after the Minister of Colonies of Spain,
Antonio Maura y Montaner
 The purpose of this law was to grant greater
local autonomy to the provinces and towns
in Luzon and Visayas
 By a decree of the Spanish Governor-General,
the operation of the law was suspended due to
a brewing insurrection
MAURA LAW OF 1893
 Until the Maura reforms of 1893, the elections
were governed by the regulations of 1847
 Forms of corruption already existed,
indigenous elites contested the power,
compliance, complicity, or protection of the
religious orders and the Spanish colonial
authorities
 The reforms were supposed to be a new
attempt to rein in electoral abuses
MAURA LAW OF 1893
 The cabeza de barangay was to be given a place on the
town’s board of electors composed of members
designated by lot by the town principalia
 Board of electors: outgoing gobernadorcillo, six cabezas,
and six ex-gobernadorcillos – all chosen by lot
 The board was to elect the five members of the
municipal council and four lieutenants of assisting him
(tiniente mayor, lieutenants of police, fields and
livestock)
 “honorary and gratuitous and … obligatory.”
MAURA LAW OF 1893
 The cabeza de barangay was to be appointed for
three years by the provincial governor from a
list of candidates submitted by the municipal
council and the town board of electors
 Qualifications:
1. Filipino or Chinese mestizo
2. 25 years of age or over
3. Resident for two years in the pueblo where he
has to exercise his powers
4. Good reputation
MAURA LAW OF 1893
 Could be reelected for an indefinite number of
times, receive 50% of taxes collected in his
village, and had authority to require the
services of one or two persons to help him
with his official duties
 Though never implemented, this laid the
foundation for American municipal
administration in the Philippines
AMERICAN PERIOD
(1898-1946)
AMERICAN PERIOD
 When the US assumed administration of the
Philippines in 1898, slight changes were made
in the local government.
 Towns were renamed municipalities
 The barrio continued as a subdivision with the
barrio lieutenant as its chief administrative
officer
AMERICAN PERIOD
 President McKinley’s Second Philippine
Commission members were “to devote their
attention.. to the establishment of municipal
governments in which the natives of the
islands, both in the cities and in the rural
communities, shall be afforded the
opportunity to manage their own local affairs
to the fullest extent they are capable.”
AMERICAN PERIOD
 They changed their minds on enforcing local
autonomy.
 The Commission finally decided to restrict
local autonomy believing the best method to
teach Filipinos self-government was by
American supervision of local political parties.
 The municipal and provincial codes were said
to be virtually duplications of the Maura Law
AMERICAN PERIOD
 Municipal officials made their own decisions
concerning local affairs but were subject to
revision or annulment by the central
government in Manila
 Americans maintained a highly centralized
politico-administrative structure – for
security considerations
AMERICAN PERIOD
1916 Act No. 2657 also known as
Administrative Code of 1917

Book III
December 31 Government of Provinces and
Other Political Divisions

Provincial Law
Municipal Law
Township Law
AMERICAN PERIOD
1917 Act No. 2711

Revised Administrative Code of

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
1917 The powers and duties of the
rural council were:

1. To represent the barrio or

March 10 portion of barrio where it
was located
2. To hold monthly sessions
3. To make its own rules of
procedure to be approved
by the barrio’s Municipal
Councilor before they took
effect
4. To provide for the
dissemination of the town
crier of new laws and
AMERICAN PERIOD
1917 Cont..

Municipal ordinances the

Council considered important
March 10 6. To organize, at least three
time a year, public lectures on
citizenship
and
7. To cooperate with the
government for the success of
measures of general interest

Rural Councils were never effective in most parts of the country;

they remained largely a “paper organization”
AMERICAN PERIOD
1931 Philippine Legislature passed
Act No. 3861 creating the rural
council under the
administration of Gov. Dwight
November 13 Davies

Provided for the organization

of a council composed of a
Barrio Lieutenant and such
number of Vice-Barrio
Lieutenants as there were
sitios to assist the former in
the discharge of his duties
AMERICAN PERIOD
 Before WWII (1939-1945), the Barrio
lieutenant was the main representation of the
municipal government in the villages
 His effectiveness depended largely on his
party affiliation and kinship with key
municipal and provincial officials
 Often, the real leader of the barrio in local
affairs was not appointed B.L.
POST COLONIZATION PERIOD TO PRESENT TIME
(1946-present)
POST COLONIZATION PERIOD
1954 Republic Act No. 1062

An Act Granting to Municipal

Councils Greater Autonomy in the
Preparation of the Municipal
Budgets, Amending for This
Purpose Certain Section of the
Revised Administrative Code
June 12
POST COLONIZATION PERIOD
1955 Republic Act No. 1245
An Act Amending Section 2219
½ of the Revised
Administrative Code and for
Other Purposes

Organized a barrio council

June 10 Composed of:
Barrio lieutenant and such
number of deputy barrio
lieutenants as there are sitios
within the barrio, a councilman
for livelihood, education and
health
POST COLONIZATION PERIOD
1955 Republic Act No. 1245

-Shall be elected at a meeting

to be attended by at least one-
June 10 half of all the residents of the
barrio who are qualified votes

-Election shall take place

annually on the third Tuesday
of January

“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.”
 POST COLONIZATION PERIOD
1955 Republic Act No. 1408
An Act to Amend RA 1245
Entitled: “An Act Amending
Section 2219 ½ of the Revised
September 9 Administrative Code and for
Other Purposed,” and Other
Related Provisions of the Same
Code
-Vice barrio lieutenants
-Treasurer, elected among
them

“Every head of family who is a resident of the barrio and is twenty-one

years of age or over is eligible to vote in the election, provided he has been a resident
of the barrio for at least six months prior to the election”
POST COLONIZATION PERIOD
 Before RA 1408, many governmental and
non-governmental agencies were sponsoring
rural improvement programs independently
 There was a duplication of functions and
services, dissipation of effort, confusion
among the barrio folk, organizational friction,
and many hindrances in promoting an
effective, unified community development
program
POST COLONIZATION PERIOD
1959 RA 2259
An Act Making Elective the
Offices of Mayor, Vice-Mayor,
and Councilors in Chartered
June 19 Cities Regulating the Election
in such Cities and Fixing
Salaries and Tenure of such
Offices

1959 RA 2264
An Act Amending the Laws
Governing Local Governments
June 19 by Increasing Their Autonomy
and Reorganizing Provincial
Governments
 POST COLONIZATION PERIOD
1959 RA 2370
An Act Granting Autonomy to
Barrios of the Philippines
Otherwise known as the
June 20 “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

“Every head of family who is a resident of the barrio and is twenty-one

years of age or over is eligible to vote in the election, provided he has been a resident
of the barrio for at least six months prior to the election”
POST COLONIZATION PERIOD
1959 RA 2370

Important innovations:
1. Voting, office holding and
June 20 the Barrio Assembly
2. The Barrio Council’s taxing
powers
3. The Barrio Council’s
legislative powers
4. The Barrio Council
member’s tenure of office
5. The removal or suspension
of Barrio Council members
6. Barrio Council members’
compensation
POST COLONIZATION PERIOD
1959 RA 2370

- Has built-in tax reform

system
June 20 - People evade taxes because
they have not learned to
associate taxes with public
services
- Critics saw the flaws in the
taxation provisions

The taxation powers of the Barrio Council are not very extensive,
and are unrealistic in light of rural conditions.
POST COLONIZATION PERIOD
1963 RA 3950
An Act to Amend and Revise
RA 2370 Otherwise Known as
“The Barrio Charter”
June 22
“Revised Barrio Charter”

1967 RA 5185
An Act Granting Further
Autonomous Powers to Local
September 12 Governments

“Decentralization Act of 1967”

POST COLONIZATION PERIOD
1969 RA 5676
An Act Clarifying the Scope and
Applicability of Republic Act
June 21 Numbered 3590, Amending for
the Purpose Section Twenty-
Six Thereof

*Retroactive effect as of June

22 1963*
POST COLONIZATION PERIOD
1974 Presidential Decree No. 431

Prescribing a System of
April 8 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

1974 Presidential Decree No. 557

Declaring All Barrios in the
Philippines as Barangays, and
September 21 for Other Purposes
POST COLONIZATION PERIOD
1978 Presidential Decree No. 1508
Establishing a System of
Amicably Settling Disputes at
June 11 the Barangay Level

Katarungang Pambarangay
POST COLONIZATION PERIOD
1983 Batas Pambansa Blg. 337

Local Government Code of

February 10 1983

1986 1986 Freedom Constitution

March 25
1987 The 1987 Constitution of the
Republic of the Philippines
POST COLONIZATION PERIOD
1991 RA 7160
Local Government
October 10 Code of 1991

“It is considered the most radical and far

reaching policy that addressed the decades-old
problem of a highly centralized politico-
administrative system with most significant
political and administrative decisions
concentrated in Manila.”
(Brillantes Jr., A., Moscare, D.)
PRESENT TIME
 Local Government Units in all geopolitical
levels continue to enjoy local autonomy
granted to them
 Continuous capacity development programs
are given to LGUs in order to enhance the
services delivered to their constituents
 NGAs issue policies for LGUs to address gaps
and issues arising as well as enhancement of
programs being implemented
LOCAL GOVERNMENT CODE OF
1991
Republic Act 7160
BIYAHENG PINOY
Let’s 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

 A general law affects all people of the state or all of a

particular class of persons in the state or embraces a
class of subjects or places and does not omit any
subject or place naturally belonging to such class
CLASSIFICATION OF LAWS
A special law prevails over a general law

 RA 7160 is a special law which exclusively

deals with local government units, outlining
their powers and functions in consonance
with the constitutionally mandated policy of
local autonomy
BASIS FOR LOCAL GOVERNANCE
 The 1987 Constitution

Article II
Declaration of Principles and State Policies
Section 25
The state shall ensure the autonomy of local governments

 Article X
Local Government
ARTICLE X: LOCAL GOVERNMENT
GENERAL PROVISIONS
 Section 1. The territorial and political subdivisions of the Republic of the
Philippines are the provinces, cities, municipalities, and barangays. There
shall be autonomous regions in Muslim Mindanao and the Cordilleras as
hereinafter provided.

 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.
ARTICLE X: LOCAL GOVERNMENT
 Section 4. The President of the Philippines shall exercise
general supervision over local governments. Provinces with
respect to component cities and municipalities, and cities and
municipalities with respect to component barangays, shall
ensure that the acts of their component units are within the
scope of their prescribed powers and functions.

***
Supervision vs. Control
***
ARTICLE X: LOCAL GOVERNMENT
 Section 5. Each local government unit shall have the power to
create its own sources of revenues 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 the local governments.

 Section 6. Local government units shall have a just share, as

determined by law, in the national taxes which shall be
automatically released to them.
ARTICLE X: LOCAL GOVERNMENT
 Section 7. Local governments shall be entitled to an equitable share in
the proceeds of the utilization and development of the national wealth
within their respective areas, in the manner provided by law,
including sharing the same with the inhabitants by way of direct
benefits.

 Section 8. 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.
Voluntary renunciation of the office for any length of time shall not
be considered as an interruption in the continuity of his service for
the full term for which he was elected.

 Section 9. Legislative bodies of local governments shall have sectoral

representation as may be prescribed by law.
ARTICLE X: LOCAL GOVERNMENT
 Section 10. No province, city, municipality, or barangay may be
created, divided, merged, abolished, or its boundary substantially
altered, except in accordance with the criteria established in the local
government code and subject to approval by a majority of the votes
cast in a plebiscite in the political units directly affected.

 Section 11. The Congress may, by law, create special metropolitan

political subdivisions, subject to a plebiscite as set forth in Section 10
hereof. (…)

 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.
ARTICLE X: LOCAL GOVERNMENT
 Section 13. Local government units may group themselves,
consolidate or coordinate their efforts, services, and resources
for purposes commonly beneficial to them in accordance with
law.

 Section 14. The President shall provide for regional

development councils or other similar bodies composed of
local government officials, regional heads of departments and
other government offices, and representatives from non-
governmental organizations within the regions for purposes
of administrative decentralization to strengthen the
autonomy of the units therein and to accelerate the economic
and social growth and development of the units in the region.
SALIENT FEATURES OF THE LGC

Operative Principles of Decentralizaion

Basic principles and policies
Rules of Interpretation
Book I General Provisions
Book II Local Taxation and Fiscal Matters
Book III Local Government Units
Book IV Miscellaneous and Final Provisions
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
DOES AUTONOMY MEAN
INDEPENDENCE FROM THE
NATIONAL GOVERNMENT?
 NO.

The constitution merely mandated

decentralization and did not make local
governments sovereign within the State
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/santiago-
alarmed-by-elective-officials-resisting-suspension-seeks-
senate-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-by-
elective-officials-resisting-suspension-seeks-senate-
inquiry#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 shall be accompanied with provision for
reasonably adequate resources to discharge
their powers and effectively carry out their
functions (power to create sources of revenue
and just share to national wealth)
 Ensure that acts of their component units are
within the scope of their prescribed powers
 LGUs may group themselves
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 effective mechanisms for
ensuring the accountability of LGUs to their
constituents to continually upgrade quality of
local leadership
 Realization of local autonomy shall be
facilitated through improved coordination of
national government policies and programs
and extension of material and technical
assistance to LGUs
OPERATIVE PRINCIPLES OF
DECENTRALIZATION
 Participation of private sector in local
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
 In case of doubt in the exercise of LGU powers,
the doubt shall be resolved in favor of
devolution of powers;

 Tax revenue or measure shall be strictly

construed against the LGU

 Tax exemption/incentive/relief shall be strictly

construed against the taxpayer
CREATION, ABOLITION, DIVISION
AND MERGER OF LGU
 Indicators:

Income
Population
Land area
CRITERIA
CREATION, ABOLITION, DIVISION
AND MERGER OF LGU
 Division shall not reduce the income,
population, or land area of the LGU, provided
the income classification of the original LGU
shall not fall below its current income
classification prior to such division
 Abolition is proper when there is an irreversible
reduction in income, population and land area
 Plebiscite requirement within 120 days from
date of effectivity of the law or ordinance
CREATION, ABOLITION, DIVISION
AND MERGER OF LGU
 Corporate existence shall commence upon the
election and qualification of the LCE and
majority of the members of the sanggunian,
unless some other time is fixed therefor by law
or ordinance.
Sec. 16 General Welfare Clause
 Every local government unit shall exercise the
powers express granted, those necessarily
implied therefrom, 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…..
POWERS OF LGUs
 PolicePower (Sec. 16)
 Power of Eminent Domain
 Power to Levy Taxes, Fees and Charges
OTHER PROVISIONS OF THE CODE
 Sec 17 Basic Services
 Reclassification of Lands
 Closure and Opening of Roads
 Qualifications of Local Elective Officials
 Vacancies and Succession
 Leave of Absence
OTHER PROVISIONS OF THE CODE
 Leave of Absence
OTHER PROVISIONS OF THE CODE
 Local Special Bodies
 Local Legislation
 Human Resource and Development
 Elective Local Officials
 Appointive Local Officials
ELECTIVE LOCAL OFFICIALS
 APPOINTIVE LOCAL OFFICIALS
Mandatory/Optional in Codal Provision on the
appointment, Qualification,
Appointive Provinces Cities Municipalities Powers & Duties
Local Officials

Secretary to the Mandatory Mandatory Mandatory Title 5, Article 1 Section 469

Sanggunian
Treasurer Mandatory Mandatory Mandatory Title 5, Article 2 Section 470

Assistant Optional Optional Optional Title 5, Article 2 Section 471

Treasurer
Assessor Mandatory Mandatory Mandatory Title 5, Article 3 Section 472

Assistant Assessor Optional Optional Optional Title 5, Article 3 Section 473

Accountant Mandatory Mandatory Mandatory Title 5, Article 4 Section 474

Budget Officer Mandatory Mandatory Mandatory Title 5, Article 5 Section 475

POWERS OF THE LCE
 POWERS OF ELECTIVE
MUNICIPALITY CITY LOCAL PROVINCE
3.
OFFICIALS
Initiate and maximize
the general of resources
3. Initiate and maximize
the general of resources
3. Initiate and maximize
the general of resources
and revenues, and apply and revenues, and apply and revenues, and apply
the same to the the same to the the same to the
implementation of implementation of implementation of
development plans, development plans, development plans,
programs, objectives and programs, objectives and programs, objectives and
priorities as provided priorities as provided priorities as provided
under Sec. 18, LGC, (Sec. under Sec. 18, LGC, (Sec. under Sec. 18, LGC, (Sec.
444 (b)(3)(i-viii) 455(b)(3)(i-viii) 465(b)(3)(i-viii)
4. Ensure the delivery of 4. Ensure the delivery of 4. Ensure the delivery of
basic services and the basic services and the basic services and the
provision of adequate provision of adequate provision of adequate
facilities as provided for facilities as provided for facilities as provided for
under Section 17. (Sec. under Section 17. (Sec. under Section 17. (Sec.
444(b)(4)(i-ii) 455(b)(4)(i-ii) 465(b)(4)(i-ii)
5. Other powers , duties 5. Other powers , duties 5. Other powers , duties
and functions as and functions as and functions as
prescribed by law or prescribed by law or prescribed by law or
ordinance. ordinance. ordinance.
POWERS OF THE VICE LCE
POWERS OF THE SANGGUNIAN
POWERS OF THE SANGGUNIAN
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

 Violationof the posting and publication

requirement shall subject the official or
employee concerned to administrative, civil or
criminal sanction.

 Sanggunian secretary shall transmit official

copies of ordinances to the Official Gazette
within 7 days following its approval.
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. REFUSAL OR FAILURE OF ANY

PARTY OR WITNESS TO APPEAR
BEFORE THE LUPON OR PANGKAT –

 SANCTION:

1. Indirect Contempt of Court

PENAL PROVISIONS

6. VIOLATION OF TAX ORDINANCES-

 SANCTIONS:

1. fine of not less than 1,000.00 to 5,000.00

2. imprisonment of not less than 1 month and
not more than 6 months
3. or both, at the discretion of the court.
PENAL PROVISIONS

7. OMISSION OF PROPERTY FROM

ASSESSMENT OR TAX ROLLES BY
OFFICES AND OTHER ACTS-

8. WILLFUL AND NEGLIGENT FAILURE

TO COLLECT TAXES AND INSTITUTE
NECESSARY PROCEEDINGS FOR THE
COLLECTION OF THE SAME -
PENAL PROVISIONS

 SANCTIONS:

1. fine of not less than 1,000.00 nor more

than 5,000.00
2. imprisonment of not less than 1 mo. Nor
more than 6 mos.
3. or both, at the discretion of the court
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
______________________________________
_
LOCAL POLITICS
 “Oligarchy”
 TheRobredo Style of Leadership
 BAC vs GAN
REFERENCES
 Zamora, Mario D. (1967) Asian Studies Journal 5:
Political History, Autonomy and Change: The Case of
the Barrio Chapter. Asian Studies Center, University of
the Philippines Diliman, Quezon City
 Brillantes Jr., Alex B., Moscare, Donna
Decentralization and Federalism in the Philippines:
Lessons from Global Community. NCPAG, University
of the Philippines Diliman, Quezon City
 www.gov.ph Official Gazette
 www.chanrobles.com