Professional Documents
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Pa108 Local and Regional Governance Module 1
Pa108 Local and Regional Governance Module 1
Pa108 Local and Regional Governance Module 1
PA108-Local-and-Regional-Governance Module-1
REPUBLIC OF THE
REPUBLIC OF PHILIPPINES
THE PHILIPPINES
NORTHERN NEGROS
NORTHERN STATE
NEGROS COLLEGE
STATE OF SCIENCE
COLLEGE ANDAND
OF SCIENCE
TECHNOLOGY
TECHNOLOGY
OLD SAGAY, SAGAY
OLD SAGAY, CITY,CITY,
SAGAY NEGROS OCCIDENTAL
NEGROS OCCIDENTAL
(034)722-4169/www.nonescost.edu.com
COLLEGE OF
BUSINESS AND
MANAGEMENT
COURSE MODULE IN
LOCAL AND
REGIONAL
GOVERNANCE
COURSE FACILITATOR: KATHY S. CINCO
FB/MESSENGER: Maam Kaye
Email: kathy.cinco1209@gmail.com
Phone No: 0946-6290909/ 0927-9418632
MODULE
VISION
Northern Negros State College of Science and technology envisions a skillful and
integrate and use new knowledge and skills in various vocations and professions to
MISSION
competent and qualified leaders in the various professions responsive to the needs and
INSTITUTIONAL OUTCOMES
5. Manifest abilities and willingness to work well with others either in the practice of
one’s profession or community involvement without compromising legal and
ethical responsibilities and accountabilities.
Warm greetings!
Despite of all the happenings around us, there is still so much to be thankful for
and one of these is the opportunity to continue learning.
You are right now browsing your course module in PA 108, Local and Regional
Governance. As you read on, you will have an overview of the course, the
content, requirements and other related information regarding the course. The
module is made up of several lessons. Each lesson has seven parts:
LEARNING ACTIVITIES – To measure your learnings in the lesson where you wandered
Please read your modules and learn the concepts by heart. It would help you
prepare to become an effective and efficient professional in your respective
fields. You can explore more of the concepts by reading the references and the
supplementary readings.
I encourage you to get in touch with me in case you may encounter problems
while studying your modules. Keep a constant and open communication. Use
your real names in your FB accounts or messenger so I can recognize you based
on the list of officially enrolled students in the course. I would be very glad to
assist you in your journey. Furthermore, I would also suggest that you build a
workgroup among your classmates. Participate actively in our discussion board
or online discussion if possible and submit your outputs/requirements on time.
You may submit them online through email and messenger. You can also submit
hard copies. Place them in short size bond paper inside a short plastic envelop
with your names and submit them in designated pick-up areas.
I hope that you will find this course interesting and fun. I hope to know more of
your experiences, insights, challenges, and difficulties in learning as we go along
this course. I am very positive that we will successfully meet the objectives of the
course.
May you continue to find inspiration to become a great professional. Keep safe
and God bless!
MODULE
1
LESSON
INTRODUCTION: HISTORY,
1 PERSPECTIVE AND BASIC
CONCEPTS
9
HOURS
MODULE 1
LESSON 1
INTRODUCTION: HISTORY, PERSPECTIVE AND BASIC CONCEPTS
LESSON 2
CREATION OF LOCAL GOVERNMENT UNITS
A. Requirements
B. Doctrine of De Facto Corporation
C. Abolition
LESSON 3
GENERAL POWER AND ATTRIBUTES
MODULE 2
LESSON 1
INTERGOVERNMENTAL RELATIONS- NATIONAL GOVERNMENT AND ELECTIVE
OFFCIALS
A. Executive Supervision
B. Consultations
C. Relations with the Philippine National Police
D. Qualifications and Elections
E. Disqualifications
F. Term of Office
G. Vacancies and Succession
H. Sex and Gender
H.1.Sex vs. Gender
H.2 Importance of knowing
its distinction
H.3. Sexual Orientation
H.4 Gender Identity
H.5. Sexual Expression
LESSON 2
LOCAL LEGISLATION
LESSON 3
DISCIPLINARY ACTIONS
MODULE 3
LESSON 1
LOCAL GOVERNMENT TAXATION AND FISCAL MATTERS
A. General Concepts
B. Fundamental Principles of Local Government Taxation
C. Limitations on the Taxing Power of Government Units
D. Scope of Local Taxation
E. Specific Taxing Power of LGUs
F. Other Local Taxes
LESSON 2:
THE BARANGAY AS A LOCAL GOVERNMENT UNIT
LESSON 3:
THE CITY AS A LOCAL GOVERNMENT UNIT
A. Functions and Roles of a City
B. City Officials
C. The Different Committees/Offices in a City
D. Qualifications of City Officials and its functions
INTRODUCTION
Prior to the arrival of the Spaniards, the Philippines was composed of the
settlements or villages, each called barangay, named after balangay, a Malayan word
meaning “boat”. Every barangay was virtually a state, for it possessed the four basic elements of
statehood. At times, however, some barangays joined together as “confederations” mainly for the purpose
of mutual protection against common enemies.
LEARNING OUTCOMES
a. Discuss the history and background of local government from pre-colonial to present time,
b. Identify the difference of barangay from pre-colonial to Spanish period,
c. Identify the social structure of government in Spanish period,
d. Discuss the Maura Law of 1893,
e. Examine the government structure of American period, post colonization period to present
time,
f. Identify the hierarchy of laws,
g. Examine the classification of laws,
h. Discuss the basis for local governance.
MOTIVATION
PRESENTATION
TEACHING POINTS
1946- present
Spanish American
Period Period
1898-1946
o He became largely a figurehead to facilitate the barangay’s cooperation with the Spanish
administration (esp. tax collection)
o The Spanish government used the datus to protect their country
o Datus became tax collectors, “mere executors of Spanish policy”
o Spanish administrators utilized existing local social institutions for the formation of a highly
centralized; autocratic colonial regime
o Barangay were consolidated into towns (pueblos)
o Later, the town was divided into barangays about 50- 100 families each
Cabeza de Barangay
Cabeza de barangay- chief, the position of the barangay was hereditary and lifelong until
in 1789 the position was filed through elections
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 Liutenant)
Social Structure
1) Principalia
- Noble class, composed of gobernadorcillo or cabeza de barangay, can be elected for
public office and allowed to vote.
2) Illustrados
- Spanish for erudite, Filipino educated class
3) Native Intellectuals
Indios – usually Malays
Insulares – Spanish born in the Philippines
Mestizos – mixed bloodline
Penisulares – Spanish born in Spain
Provinces (Alcadia)
The Spaniards created local government units to facilitate the country’s administration
Two types:
1. Alcadia (fully subjugated)
Led by the alcalde mayor assisted by a provincial council (junta provincial)
2. Corregimientos (unpacified military zone)
Headed by corregidores
Alcalde mayors and corregidores acted as:
Judge
Inspector of encomienda’s
Chief of police
Tribute collector
Capitan-general of the province and even vice-regal patron
With annual salary ranging from ₱300 to ₱ 2,000 before 1847, and ₱1,500 to ₱1,600
after it.
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 tenientes de justicia
Was allowed only one year in the position
He was elected bybezas de barangay
Also enjoyed certain privileges such as exemptions from personal, military and tax duties.
Rural Councils were never effective in most parts of the country; they remained largely a
“paper organization”
1931
Philippine Legislature passed Act No. 3861 creating the Rural Council under the
Administration of Dwight Davies
November 13: Provided for the organization of a council composed of a Barrio
Lieutenant and such number of Vice-Barrio Lieutenants as there were sitios to
assists the former in the discharge of his duties.
o Before WWII (1939-1945), the Barrio Lieutenants was the main representation of the
municipal government in the villages
o His effectiveness depended largely on his party affiliation and kinship with the key municipal
and provincial officials
o Often, the real leader of the barrio in local affairs was not appointed Barrio Lieutenants
“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.”
September 9
– Republic Act No. 1408 an act to Amend RA 1245 entitled: “ An Act Amending
Section 2219 ½ of the Revised Administrative Code and for other Purposed,” and
other Related Provisions of the same code
“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 moths prior to the election.”
o Before RA 1408, many governmental and non-governmental agencies were sponsoring rural
improvement programs independently
o 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
1959
June 19
– RA 2259 an act making Elective the Offices of Mayor, Vice-Mayor, and Councilors
in Chartered Cities Regulating the Election in such Cities and fixing Salaries and
Tenure of such Offices
– RA 2264 An Act Amending the Laws Governing Local Governments by Increasing
their Autonomy and Reorganizing Provincial Governments
June 20 – RA 2370 An Act Granting Autonomy to Barrios of the Philippines otherwise
known as the “Barrio Charter Act”- Converted the Barrio Council from a mere
recommendatory body ito an autonomous organ, empowered to act for, and in behalf
of, of barrio residents – Important innovations:
1. Voting, office holding and the Barrio Assembly
2. The Barrio Council 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
1963
RA 3950 An Act to amend and Revise RA 2370 otherwise known as “The Barrio
Charter”
1967
September 12
- RA 5185- An Act Granting further Autonomous Powers to Local Governments
1969
June 21
– RA 5676 – an Act Clarifying the Scope and Applicability of Republic Act No. 3590,
Amending for the purpose section 26 thereof (* Retroactive effect as of June
22,1963)
1974
April 8
– Presidential Decree No. 431 – Prescribing a system of 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
September 21
– Presidential Decree No. 557 Declaring All Barrios in the Philippines as Barangays
and for other purposes
1978
June 11
– Presidential Decree No. 1508 – Establishing a system of Amicably Settling
Disputes at the Barangay Level
1983
February 10 – Batas Pambansa Blg. 337 Local Government Code of 1983
1986
March 25 – 1986 Freedom Constitution
1987
The 1987 Constitution of the Republic of the Philippines
1991
October 10
– RA 7160 “ Local Code of 1991” Government
– According to Alex Brillantes, Jr. “ it is considered the most radical and far reaching
policy that addressed the deacdes-old problem of a highly centralized politico-
administrative system with most significant political and administrative decisions
concentrated in Manila.”
Present Time
Local Government Units in all geopolitical levels continue to enjoy local autonomy
granted to them
Continuous capacity development programs are given to LGU’s in order to enhance the
services delivered to their constituents
NGA’s issues policies for LGU’s to address gaps and issues arising as well as
enhancement of programs being implemented
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 states or all a particular class of
persons in the state or embraces a class
subjects or places and does not omit any subject or place naturally belonging to such class
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.
BASIC CONCEPTS
of prostration involving a LGU shall be governed by the original terms and conditions of said
contracts or the law force at the time of such rights were vested.
RULES OF INTERPRETATION: NO LAW OR JURISPRUDENCE. In the resolution of
controversies arising under this code where no legal provision of jurisprudence applies, resort
may be had to the customs and traditions in the place where the controversies take place.
CUSTOMS – a rule of conduct formed by repetition of acts uniformly observed or
practiced as a social rule, legally binding and obligatory
TRADITION – inherited principle, standard, practice serving as established guide of an
individual or group
Local Governance
Sec 6: AUTHORITY TO CREATE LOCAL GOVERNMENT UNITS
NEEDS LEGISLATION
– “The authority to create municipal corporations (or any LGU) is essentially legislative in
nature” – Pelaez vs Auditor General 15 SCRA 569 (1965)
– NATIONAL – PROVINCES, CITIES, ELEVATION INTO CITY, MUNICIPALITY, *BARANGAY
–*ART. 6 OF THE IRR OF THE LGC: “The congress may create barangays in indigenous
cultural communities to enhance the delivery of basic services in the said areas and in
municipalities of metro manila”
– ordinance– barangays
VERIFIABLE INDICATORS OF VIABILITY AND PROJECTED CAPACITY
A. Income – sufficient based on acceptable standards (dept. Of finance)
B. Population – total number of inhabitants within the territorial jurisdiction (NSO now PSA)
c. Land area – contiguous, unless comprised by 2 or more islands (LMB of DENR)
Decentralization
“the transfer of responsibility for planning, management, and resource raising and allocation from
the central government:
(a) Field units of central government ministries or agencies.
(b) Subordinate units or levels of government.
(c) Semi-autonomous public authorities or corporations.
(d) area-wide regional or functional authorities, or
(e) Organizations of the private and voluntary sector”
Administrative decentralization
Decentralization of power or authority from the highest level of the institutional hierarchy to the
lower levels of the same organization.
Ministries or departments establish a system of regional or local administration to facilitate
decision-making and more responsive delivery of services
The transfer of functions and powers can be temporal and can be recalled by the authority who
made the transfer
DE concentration
The transfer of power, authority, or responsibilities or the discretion to plan, decide and manage
from a central point to lower or local levels, but within the central government itself.
TYPES OF DECONCENTRATION:
Shifting of workload- simply shifts the workload from a central government office to its field offices
which does not necessarily include the transfer of the appropriate authority to decide
Field administration- it allows field offices some degree of discretion to decide and plan and carry
out such plans and adjust the implementation of central directives to suit local conditions. Despite
the grant of relative authority, the field staffs remain as employees of the national government and
subject to its direction and control
Integrated local administration- regional, provincial, or district offices of a national line agency are
established and each is headed by a chief executive who is appointed by or is responsible to the
central government.
Unintegrated local administration- it describes an arrangement by which the field staff, usually
doing technical functions, and the administrative staff in the area, who are both responsible to the
same national office, operate independently of and with little or no formal power over each other.
DEVOLUTION
The transfer of power and authority from the central government to local government units.
DEVOLUTION OF SERVICE DELIVERY FUNCTIONS
The granting of service delivery functions to LGUs is anchored on the following:
It is essentially more democratic since elective officials will be held responsible for the delivery of
such services
It is more efficient since LGUs can better respond to diverse and changing local conditions
It is more equitable since local communities are more likely to get their due share of public
services
The Code specifies the minimum set of services and facilities assigned to each level of
LGU because:
It is easier to determine whether basic services and facilities are frontline services or not
It facilitates evaluation of the performance of LGUs, since delivery of basic services and facilities
lends itself more readily to quantifications and verification
Performance standards and targets could be easily set and outputs measured against such
standards and targets
It is easier to delineate and allocate responsibility for basic services and facilities among the
different levels of local government. This is to avoid duplication of function and encroachment of
powers and responsibilities among the different levels of local government.
DECENTRALIZATION OF ADMINISTRATION
Administrative decentralization involves redistributing authority, responsibility and financial
resources for providing public services from the national government to local units of
government agencies, sub national government or semi-autonomous public authorities or
corporation.
There are three major forms of administrative decentralization: DE concentration, delegation,
and devolution. Each form raises different legal issues.
DE concentration
involves redistributing decision making authority and financial and management
responsibilities among different levels of a national government. For example, it may
involve shifting responsibilities from government officials working in the head office of a
health ministry, to ministry staff working in regions, provinces or districts. DE concentration
does not usually involve any changes to existing laws. Though in some countries,
changes to who may exercise a legal power have to follow a specific legal procedure.
Delegation
involves a national government transferring responsibility for decision-making and
administration of public functions to semi-autonomous public sector organizations such as
hospital corporations. These organizations usually have separate legal status and have a
great deal of discretion and autonomy around management decision-making.
Delegation usually involves extensive legal changes including passing laws to establish
the new public sector organizations and specify their duties, powers, accountabilities and
relationship to national government. It also may involve introducing new regulatory
controls. This is because independent decision making may generate a need for state
regulation to ensure that decisions made by autonomous bodies are made in line with
government’s broader health policy objectives.
Devolution
is where national governments devolve functions to sub national government.
In a devolved system, sub national governments often have clear and legally recognized
geographical boundaries over which they exercise authority and within which they perform
these functions.
– The power of LGU to levy taxes is not automatically conceded but may be
challenged by the latter
Any tax exemption, incentive or relief granted by any LGU shall be construed strictly against
the person claiming it.
– Before local government money is paid out to anyone by virtue of an ordinance or
alike, the terms and conditions for the payment or for the relief must be applied
RULES OF INTERPRETATION: GENERAL WELFARE CLAUSE . The general welfare
provision shall be liberally interpreted to give more powers to LGUs in accelerating economic
development and upgrading the quality of life for the people in the community.
RULES OF INTERPRETATION: CONTRACTS AND OBLIGATIONS . Rights and obligations
existing on the date of effectivity of this Code and arising out of contracts or any other source
of prostration involving a LGU shall be governed by the original terms and conditions of said
contracts or the law force at the time of such rights were vested.
RULES OF INTERPRETATION: NO LAW OR JURISPRUDENCE. In the resolution of
controversies arising under this code where no legal provision of jurisprudence applies, resort
may be had to the customs and traditions in the place where the controversies take place.
CUSTOMS – a rule of conduct formed by repetition of acts uniformly observed or
practiced as a social rule, legally binding and obligatory
TRADITION – inherited principle, standard, practice serving as established guide of an
individual or group
Local Governance
Sec 6: AUTHORITY TO CREATE LOCAL GOVERNMENT UNITS
NEEDS LEGISLATION
– “The authority to create municipal corporations (or any LGU) is essentially legislative in
nature” – Pelaez vs Auditor General 15 SCRA 569 (1965)
– NATIONAL – PROVINCES, CITIES, ELEVATION INTO CITY, MUNICIPALITY, *BARANGAY
–*ART. 6 OF THE IRR OF THE LGC: “The congress may create barangays in indigenous
cultural communities to enhance the delivery of basic services in the said areas and in
municipalities of metro manila”
– ordinance– barangays
VERIFIABLE INDICATORS OF VIABILITY AND PROJECTED CAPACITY
A. Income – sufficient based on acceptable standards (dept. Of finance)
B. Population – total number of inhabitants within the territorial jurisdiction (NSO now PSA)
c. Land area – contiguous, unless comprised by 2 or more islands (LMB of DENR)
Decentralization
“the transfer of responsibility for planning, management, and resource raising and allocation from
the central government:
(a) Field units of central government ministries or agencies.
(b) Subordinate units or levels of government.
(c) Semi-autonomous public authorities or corporations.
(d) area-wide regional or functional authorities, or
(e) Organizations of the private and voluntary sector”
Administrative decentralization
Decentralization of power or authority from the highest level of the institutional hierarchy to the
lower levels of the same organization.
Ministries or departments establish a system of regional or local administration to facilitate
decision-making and more responsive delivery of services
The transfer of functions and powers can be temporal and can be recalled by the authority who
made the transfer
Deconcentration
The transfer of power, authority, or responsibilities or the discretion to plan, decide and manage
from a central point to lower or local levels, but within the central government itself.
TYPES OF DECONCENTRATION:
Shifting of workload- simply shifts the workload from a central government office to its field offices
which does not necessarily include the transfer of the appropriate authority to decide
Field administration- it allows field offices some degree of discretion to decide and plan and carry
out such plans and adjust the implementation of central directives to suit local conditions. Despite
the grant of relative authority, the field staffs remain as employees of the national government and
subject to its direction and control
Integrated local administration- regional, provincial, or district offices of a national line agency are
established and each is headed by a chief executive who is appointed by or is responsible to the
central government.
Unintegrated local administration- it describes an arrangement by which the field staff, usually
doing technical functions, and the administrative staff in the area, who are both responsible to the
same national office, operate independently of and with little or no formal power over each other.
DEVOLUTION
The transfer of power and authority from the central government to local government units.
DEVOLUTION OF SERVICE DELIVERY FUNCTIONS
The granting of service delivery functions to LGUs is anchored on the following:
It is essentially more democratic since elective officials will be held responsible for the delivery of
such services
It is more efficient since LGUs can better respond to diverse and changing local conditions
It is more equitable since local communities are more likely to get their due share of public
services
The Code specifies the minimum set of services and facilities assigned to each level of
LGU because:
It is easier to determine whether basic services and facilities are frontline services or not
It facilitates evaluation of the performance of LGUs, since delivery of basic services and facilities
lends itself more readily to quantifications and verification
Performance standards and targets could be easily set and outputs measured against such
standards and targets
It is easier to delineate and allocate responsibility for basic services and facilities among the
different levels of local government. This is to avoid duplication of function and encroachment of
powers and responsibilities among the different levels of local government.
DECENTRALIZATION OF ADMINISTRATION
Administrative decentralization involves redistributing authority, responsibility and financial
resources for providing public services from the national government to local units of
government agencies, sub national government or semi-autonomous public authorities or
corporation.
There are three major forms of administrative decentralization: DE concentration, delegation,
and devolution. Each form raises different legal issues.
DE concentration
involves redistributing decision making authority and financial and management
responsibilities among different levels of a national government. For example, it may
involve shifting responsibilities from government officials working in the head office of a
health ministry, to ministry staff working in regions, provinces or districts. DE concentration
does not usually involve any changes to existing laws. Though in some countries,
changes to who may exercise a legal power have to follow a specific legal procedure.
Delegation
involves a national government transferring responsibility for decision-making and
administration of public functions to semi-autonomous public sector organizations such as
hospital corporations. These organizations usually have separate legal status and have a
great deal of discretion and autonomy around management decision-making.
Delegation usually involves extensive legal changes including passing laws to establish
the new public sector organizations and specify their duties, powers, accountabilities and
relationship to national government. It also may involve introducing new regulatory
controls. This is because independent decision making may generate a need for state
regulation to ensure that decisions made by autonomous bodies are made in line with
government’s broader health policy objectives.
Devolution
is where national governments devolve functions to sub national government.
In a devolved system, sub national governments often have clear and legally recognized
geographical boundaries over which they exercise authority and within which they perform
these functions.
_________1. Barangay is came from the word balangay which means “sailboat” used by the Malays to
migrate.
_________2. The datu of the barangay was the village leader by inheritance, wealth and/or physical
prowess and he was lawmaker, judge and executive
_________3. One functions of the barangay was preservation of peace and mutual protection from hostile
inhabitants of other barangays
_________4. Barangay is the smallest form of community.
________ 5. The datu remained its head but thus powers were nominal, restricted by both lay and
ecclesiastical authorities.
________ 6. 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.
________ 7. In American period Towns were renamed municipalities.
________8. The territorial and political subdivisions of the Republic of the Philippines are the provinces,
cities, municipalities and barangay. There shall be autonomous regions in Muslim Mindanao and the
Cordilleras as hereinafter provided.
________ 9. The territorial and political subdivisions shall enjoy local autonomy.
________ 10. The President of the Philippines shall exercise general supervision over local governments.
LA #1 : IDENTIFICATION
Instruction: Answer the following questions. ( for 20 points)
PRE-COLONIZATION
SPANISH PERIOD
AMERICAN PERIOD
POST COLONIZATION
ASSESSMENT
MODULE
1
LESSON
CREATION OF LOCAL
5
HOURS GOVERNMENT UNITS
2
INTRODUCTION
As a matter of principle, higher legislative entities have the power to create, divide, merge,
abolish, or substantially alter boundaries of any lower-level local government through a law or ordinance,
all subject to approval by a majority of the votes cast in a plebiscite to be conducted by the Commission
on Elections (COMELEC) in the local government unit or units directly affected.
LEARNING OUTCOMES
MOTIVATION
PRESENTATION
*___________________________
What are the requisites in de facto corporation?
*___________________________
*___________________________
TEACHING POINTS
SECTION 6. Authority to Create Local Government Units. - A local government unit may be
created, divided, merged, abolished, or its boundaries substantially altered either by law enacted
by Congress in the case of a province, city, municipality, or any other political subdivision, or by
ordinance passed by the Sangguniang Panlalawigan or Sangguniang Panlungsod concerned in
the case of a Barangay located within its territorial jurisdiction, subject to such limitations and
requirements prescribed in this Code.
SECTION 7. Creation and Conversion. - As a general rule, the creation of a local government
unit or its conversion from one level to another level shall be based on verifiable indicators of
viability and projected capacity to provide services, to wit:
(a) Income. - It must be sufficient, based on acceptable standards, to provide for all essential
government facilities and services and special functions commensurate with the size of its
population, as expected of the local government unit concerned;
(b) Population. - It shall be determined as the total number of inhabitants within the territorial
jurisdiction of the local government unit concerned; and
(c) Land Area. - It must be contiguous, unless it comprises two or more islands or is separated by
a local government unit independent of the others; properly identified by metes and bounds with
technical descriptions; and sufficient to provide for such basic services and facilities to meet the
requirements of its populace. Compliance with the foregoing indicators shall be attested to by the
Department of Finance (DOF), the National Statistics Office (NSO), and the Lands Management
Bureau (LMB) of the Department of Environment and Natural Resources(DENR).
SECTION 8. Division and Merger. - Division and merger of existing local government units shall
comply with the same requirements herein prescribed for their creation: Provided however, That
such division shall not reduce the income, population, or land area of the local government unit or
units concerned to less than the minimum requirements prescribed in this Code: Provided,
further, That the income classification of the original local government unit or units shall not fall
below its current income classification prior to such division.
The income classification of local government units shall be updated within six (6) months from
the effectivity of this Code to reflect the changes in their financial position resulting from the
increased revenues as provided herein.
REQUISITES:
1) There is a valid law under which the corporation could have been created as a de jure
corporation;
SECTION 9. Abolition of Local Government Units. - A local government unit may be abolished
when its income, population, or land area has been irreversibly reduced to less than the minimum
standards prescribed for its creation under Book III of this Code, as certified by the national
agencies mentioned in Section 17 hereof to Congress or to the Sanggunian concerned, as the
case may be.
The law or ordinance abolishing a local government unit shall specify the province, city,
municipality, or Barangay with which the local government unit sought to be abolished will be
incorporated or merged.
SECTION 11. Selection and Transfer of Local Government Site, Offices and Facilities.
(a) The law or ordinance creating or merging local government units shall specify the seat of
government from where governmental and corporate services shall be delivered. In selecting said
site, factors relating to geographical centrality, accessibility, availability of transportation and
communication facilities, drainage and sanitation, development and economic progress, and
other relevant considerations shall be taken into account.
(b) When conditions and developments in the local government unit concerned have significantly
changed subsequent to the establishment of the seat of government, its Sanggunian
may, after public hearing and by a vote of two-thirds (2/3) of all its members, transfer the
same to a site better suited to its needs. Provided, however, That no such transfer shall
be made outside the territorial boundaries of the local government unit concerned.
The old site, together with the improvements thereon, may be disposed of by sale or
lease or converted to such other use as the Sanggunian concerned may deem beneficial
to the local government unit concerned and its inhabitants.
(c) Local government offices and facilities shall not be transferred, relocated, or converted to
other uses unless public hearings are first conducted for the purpose and the concurrence of the
majority of all the members of the Sanggunian concerned is obtained.
SECTION 13. Naming of Local Government Units and Public Places, Streets and
Structures.
(a) The Sangguniang Panlalawigan may, in consultation with the Philippine Historical Commission
(PHC), change the name of the following within its territorial jurisdiction:
(1) Component cities and municipalities, upon the recommendation of the Sanggunian
concerned;
(2) Provincial roads, avenues, boulevards, thorough-fares, and bridges;
(3) Public vocational or technical schools and other post-secondary and tertiary schools;
(4) Provincial hospitals, health centers, and other health facilities; and
(5) Any other public place or building owned by the provincial government.
(b) The Sanggunian of highly urbanized cities and of component cities whose charters prohibit
their voters from voting for provincial elective officials, hereinafter referred to in this Code
as independent component cities, may, in consultation with the Philippine Historical
Commission, change the name of the following within its territorial jurisdiction:
(1) City Barangays, upon the recommendation of the Sangguniang Barangay concerned;
(2) City roads, avenues, boulevards, thorough fares, and bridges;
(3) Public elementary, secondary and vocational or technical schools, community
colleges and non-chartered colleges;
(4) City hospitals, health centers and other health facilities; and
(5) Any other public place or building owned by the city government.
(c) The Sanggunians of component cities and municipalities may, in consultation with the
Philippine Historical Commission, change the name of the following within its territorial
jurisdiction:
(6) city and municipal Barangays, upon recommendation of the Sangguniang Barangay
concerned;
(7) city, municipal and Barangay roads, avenues, boulevards, thorough fares, and
bridges;
(8) city and municipal public elementary, secondary and vocational or technical schools,
post-secondary and other tertiary schools;
(9) city and municipal hospitals, health centers and other health facilities; and (5)Any
other public place or building owned by the municipal government.
(d) None of the foregoing local government units, institutions, places, or buildings shall be named
after a living person, nor may a change of name be made unless for a justifiable reason and, in
any case, not oftener than once every ten (10) years. The name of a local government unit or a
public place, street or structure with historical
cultural, or ethnic significance shall not be changed, unless by a unanimous vote of the
Sanggunian concerned and in consultation with the PHC.
(e) A change of name of a public school shall be made only upon the recommendation of the local
school board concerned.
(f) A change of name of public hospitals, health centers, and other health facilities shall be made
only upon the recommendation of the local health board concerned.
(g) The change of name of any local government unit shall be effective only upon ratification in a
plebiscite conducted for the purpose in the political unit directly affected. In any change of
name, the Office of the President, the representative of the legislative district concerned,
and the Bureau of Posts shall be notified.
SECTION 14. Beginning of Corporate Existence. - When a new local government unit is
created, its corporate existence shall commence upon the election and qualification of its chief
executive and a majority of the members of its Sanggunian, unless some other time is fixed
therefor by the law or ordinance creating it.
LEARNING ACTIVITIES
____________ 1. The name of a local government unit or a public place, street or structure with historical,
cultural, or ethnic significance shall or can be changed, unless by a unanimous vote of the Sanggunian
concerned and in consultation with the PHC.
____________ 2. A change of name of public hospitals, health centers, and other health facilities shall be
made only upon the recommendation of the local development council concerned.
____________ 3. The change of name of any local government unit shall be effective only upon
ratification in a plebiscite conducted for the purpose in the political unit directly affected. If there is a
change of name the only one to be notified is the Office of the President.
____________ 4. Local government offices and facilities shall or can be transferred, relocated, or
converted to other uses unless public hearings are first conducted for the purpose and the concurrence
of the majority of all the members of the Sanggunian concerned is obtained.
____________ 5. A change of name of a public school shall be made only upon the recommendation of
the local health board concerned.
LA #2: IDENTIFICATION
Instruction: Answer the following questions. ( for 20 points)
In which section this statement stated in the Local Government Code of 1991:
__________ 1. When a new local government unit is created, its corporate existence shall commence
upon the election and qualification of its chief executive and a majority of the members of its Sanggunian,
unless some other time is fixed therefor by the law or ordinance creating it.
__________ 2. No creation, division, merger, abolition, or substantial alteration of boundaries of local
government units shall take effect unless approved by a majority of the votes cast in a plebiscite called for
the purpose in the political unit or units directly affected.
__________ 3. A local government unit may be abolished when its income, population, or land area has
been irreversibly reduced to less than the minimum standards prescribed for its creation under Book III of
this Code, as certified by the national agencies mentioned in Section 17 hereof to Congress or to the
Sanggunian concerned, as the case may be.
__________ 4. The national government , local government unit or government-owned or -controlled
corporation concerned shall bear the expenses for the construction of its buildings and facilities in the
government center.
__________ 5. The income classification of local government units shall be updated within six (6) months
from the effectivity of this Code to reflect the changes in their financial position resulting from the
increased revenues as provided herein.
ASSESSMENT
In the selection and transfer of local government site, offices and facilities,the law or ordinance
creating or merging local government units shall specify the seat of government from where
governmental and corporate services shall be delivered. What are the factors relating in selecting
a site? (1)________________, (2)_______________, (3)_________________,
(4)_________________, and (5)__________________ .
When conditions and developments in the local government unit concerned have significantly
changed subsequent to the establishment of the seat of government, its Sanggunian may, after
public hearing and by a vote of (6)__________________ of all its members, transfer the same to
a site better suited to its needs. Provided, however, that no such transfer shall be made
(7)__________________ of the local government unit concerned.
A local government unit may be abolished when its income, population, or land area has been
irreversibly reduced to (10)__________________ prescribed for its creation under Book III of this
Code.
MODULE
1
LESSON
INTRODUCTION
Every local government unit is endowed with powers to be exercised by it is a political subdivision
of the national government and as a corporate entity for and in behalf of its people. The powers of local
governments include those expressly granted, those necessarily implied therefrom, as well as powers
necessary, appropriate or incidental for its efficient and effective governance, and those essential to the
promotion of the general welfare.
LEARNING OUTCOMES
MOTIVATION
PRESENTATION
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TEACHING POINTS
POLITICAL CORPORATE
■ GOVERNMENTAL POWERS ■ PROPRIETOR
Police power and regulations Maintain water systems
Eminent domain Public markets
Collection of taxes Own/sell properties
Enter into contracts
POLICE POWER
LEGISLATIVE ■ THE POWER TO PRESCRIBE
■ enact ordinances and make REGULATIONS TO PROMOTE
regulations not repugnant to PUBLIC:
law Health
■ purpose: to discharge powers Welfare
and duties conferred Morals
Comfort convenience
Safety
C. BASIC SERVICES
On Environmental Management:
1. Solid waste disposal system;
2. Services or facilities related to general hygiene and sanitation;
3. Implementation of community-based forestry projects which include integrated social forestry
programs and similar projects;
4. Management and control of communal forests;
On Agriculture:
1. Inter -Barangay irrigation system;
2. Water and soil resource utilization and conservation projects;
3. Enforcement of fishery laws in municipal waters including the conservation of mangroves;
On Infrastructure:
1. Maintenance and Rehabilitation of the following:
a. roads and bridges
b. school buildings and other facilities for public elementary and secondary schools;
c. clinics, health centers and other health facilities
d. small water impounding projects
e. fish ports; artesian wells, spring development, rainwater collectors and water supply
systems;
f. seawalls, dikes, drainage and sewerage, and flood control;
g. traffic signals and road signs; and similar facilities;
On Tourism:
1. Tourism facilities and other tourist attractions;
2. Acquisition of equipment;
3. Regulation and supervision of business concessions; and
4. Security services for such facilities
REQUISITES
An ordinance authorizing the LCE to subject a certain property for expropriation
Purpose: public use or welfare and benefits the community especially to the poor
Paid just compensation
Valid and definite offer previously declined
JUST COMPENSATION
“Equivalent of the value of the property taken not more or less”
“Fair and full equivalent for the loss sustained” (EPZA vs Dulay, 149 SCRA 305, 1987)
Expropriation does not need DAR authority
F. RECLASSIFICATION OF LANDS
(Sec. 20, LGC 0f 1991)
REQUISITES FOR UTILIZATION/DISPOSITION
1. Land ceases to be economically
feasible or sound for agricultural
purposes (DAR certified)
2. Land shall have substantially
greater economic value for
residential, commercial or
industrial purposes
3. Lands subjected to CARrP are
not affected
In case of permanent closure, 2/3 vote of Sanggunian is needed and substitute road/facility (real
properties of LGU)
H. CORPORATE POWERS
Every local government unit, as a corporation, shall have the following powers: (Sec. 22, LGC)
(1) To have continuous succession in its corporate name;
(2) To sue and be sued;
(3) To have and use a corporate seal;
(4) To acquire and convey real or personal property;
(5) To enter into contracts; and
(6) To exercise such other powers as are granted to corporations, subject to the limitations
provided in this Code and other laws.
LEARNING ACTIVITIES
___________ 1. The state has the power to take private properties for public use or purposes of
public welfare upon the payment of just compensation
___________ 2. In section 17 of LGC of 1991, the local government units shall endeavor to be self-
reliant and shall continue exercising the powers and discharging the duties and functions currently
vested upon them. They shall also discharge the functions and responsibilities of national agencies and
offices devolved to them pursuant to this Code.
___________ 3. The power of the state to take private properties for public use or purposes of public
welfare upon the payment of just compensation.
___________ 4. Local governments are authorized by law to impose certain taxes to support their
activities. The main source of revenue is the internal revenue tax, which is shared by the national
government with them.
___________ 5. 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
twenty percent (20%) of the fair market value of the property based on the current tax declaration of the
property to be expropriated.
1) What do you mean by, the local government have the power to regenerate revenue?
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ASSESSMENT