[BERNAS] GENERAL PROVISIONS &

PRINCIPLES.
Week Week 4

Notes 230908 / 230909 — article by Bathan.

how are local governments described?

a political subdivision of a nation or state which is constituted by law and has substantial control
of local affairs.

what are its seven areas of concern?

(1) local legislation.

(2) local fiscal administration
(3) local development plan.
(4) economic enterprise development.
(5) organizational management.
(6) environmental protection and management.
(7) community mobilization.

what is local autonomy?

a more responsive and accountable local government structure instituted through a system of
decentralization.

it does not end the partnership and interdependence of the central government and its local
units, but to simply break up the monopoly of the central government.

what is the decentralization of administration?

when the central government delegates administrative powers in order to broaden the
base of government power and to make LGUs more responsive and accountable.

what is the decentralization of power?

the abdication of political power in favor of LGUs, amounting to “self-immolation,” wherein

the local unit becomes accountable not to the central unit but to its constituencies.

what is fiscal autonomy?

LGUs have the power to create their own sources of revenue in addition to their IRA, a well
as the power to allocate their resources in accordance with their own priorities.

what is an administrative region?

groupings of contiguous provinces for administrative purposes— not territorial and political
subdivisions like provinces, cities, municipalities, and barangays.

is the power to merge administrative regions expressly provided under the constitution?

no, because such power is lodged with the President. in the case of other LGUs, there needs
to be a plebiscite, which is not expressly applied to administrative regions.

what is the difference between control and supervision?

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 control — the power to alter/modify/nullify/set aside what the subordinate had done and
substitute his decision with yours.

supervision — overseeing and ensuring that your subordinate is performing his duties and, if fail
or neglect to fulfill them, have the power to take action to make them perform these duties.

who exercises supervision over the LGUs?

the chief executive, i.e. the President.

what powers are delegated to LGUs?

through the enactment of the Local Government Code of 1991, LGUs are allocated their powers,
responsibilities, and resources, as well as provide for the qualifications, election, appointment and
removal, term, salaries, powers and functions and duties of local officials, and all other matters
relating to their organization and operation.

local legislative power — exercised by the Sangguniang Panlalawigan (province),

Sangguniang Panglungsod (city), Sangguniang Bayan (municipality), and the Sangguniang
Barangay (barangay).

since this power is only delegated, it cannot violate the Constitution, allow what the law
prohibits and vice versa.

what are the requisites of a valid delegation of powers?

(1) the completeness of the statute making the delegation — exists when it sets and defines
the policy to be executed, carried out, or implemented.

“what the law shall be” cannot be enforced, only the discretion to determine how the law
shall be enforced.

(2) the presence of a sufficient standard — exists when the limits of which are sufficiently
determinate or determinable.

has the national government completely relinquished all its powers over LGUs?

no, because only administrative powers over local affairs are delegated. the existence of a still
central government is to ensure that the programs and policies implemented locally must be
coordinated towards a common national goal — policy-setting still lied in the President and
Congress.

is there a separation of powers at the local level?

executive — the Local Chief Executive.

legislative — Sanggunan.
judiciary — Katarungang Pambarangay and some lower courts.

THE LOCAL GOVERNMENT CODE OF 1991.

when did it take effect?

January 1, 1992.

what is its coverage?

applies to all provinces, cities, municipalities, barangays, and other political subdivisions as may
be created by law, and, to the extent herein provided, to officials, offices, or agencies of the
national government.

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 what rules should be applied when interpreting its provisions?

(1) any provision on a power of a local government unit shall be liberally interpreted in its favor,
and in case of doubt, any question thereon shall be resolved in favor of devolution of powers and
of the lower local government unit. any fair and reasonable doubt as to the existence of the power
shall be interpreted in favor of the local government unit concerned;

(2) in case of doubt, any tax ordinance or revenue measure shall be construed strictly against
the local government unit enacting it, liberally in favor of the taxpayer. any tax exemption,
incentive or relief granted by any local government unit pursuant to the provisions of this Code
shall be construed strictly against the person claiming it.

(3) the general welfare provisions of this Code shall be liberally interpreted to give more powers
to local government units in accelerating economic development and upgrading the quality of
life for the people in the community;

(4) rights and obligations existing on the date of effectivity of this Code and arising out of
contracts or any other source of prestation involving a local government unit shall be governed by
the original terms and conditions of said contracts or law in force at the time such rights were
vested;

(5) in the resolution of controversies arising under this Code where no legal provisions or
jurisprudence applies, resort may be had to the customs and traditions in the place where the
controversies take place.

(6) where a law is capable of two interpretations, one in favor of centralized power and the other
beneficial to local autonomy, the scales must be weighed in favor of autonomy.

(7) the powers of municipal corporations are to be construed in strictissimi juris and any doubt or
ambiguity must be construed against the municipality.

(8) any doubt therefore as to the power of the secretary to interfere with local affairs should be
resolved in favor of the greater autonomy of the local government.

(9) indispensable to decentralization is devolution and the LGC expressly provides that “any
provision on power of a LGU shall be liberally interpreted in its favor.”

what is the responsibility of Congress over the LGC?

Congress must undertake a mandatory review of the Code at least once every five years in order
to enact enabling laws to give meaning to the Code’s non-self executing provisions.

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