Pa108 Local and Regional Governance Module 1

You might also like

Download as pdf or txt
Download as pdf or txt
You are on page 1of 37

lOMoARcPSD|37115573

PA108-Local-and-Regional-Governance Module-1

Public Administration (Northern Negros State College of Science and Technology)

Scan to open on Studocu

Studocu is not sponsored or endorsed by any college or university


Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)
lOMoARcPSD|37115573

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

This document is a property of NONESCOST.


Unauthorized copying, uploading, and/or editing is prohibited, (For Classroom Use Only)
1
Module 1 | Page 2
Prepared by: Kathy S. Cinco, LPT, MPA

Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)


lOMoARcPSD|37115573

MODULE

VISION

Northern Negros State College of Science and technology envisions a skillful and

productive manpower, qualified and competent professionals endowed with leadership

qualities, commitment to public service, a common shared values, and capacities to

integrate and use new knowledge and skills in various vocations and professions to

meet the challenges of the new millennium.

MISSION

To train and develop semi-skilled manpower, middle level professionals and

competent and qualified leaders in the various professions responsive to the needs and

requirements of the service areas providing appropriate and relevant curricular

programs and offerings, research projects and entrepreneurial activities, extension

services and develop progressive leadership to effect socio-economic change and

thereby improve the quality of life.

INSTITUTIONAL OUTCOMES

1. Demonstrate logical thinking, critical judgment and independent decision-making


on any confronting situations
2. Demonstrate necessary knowledge, skills and desirable attitudes expected of
one’s educational level and field of discipline
3. Exhibit necessary knowledge, skills and desirable attitudes in research
4. Exhibit proactive and collaborative attributes in diverse fields

This document is a property of NONESCOST. Module 1 | Page 2


Unauthorized copying, uploading, and/or editing is prohibited, (For Classroom Use Only) Prepared by: Kathy S. Cinco, LPT, MPA

Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)


lOMoARcPSD|37115573

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.

PROGRAM LEARNING OUTCOMES

BPA Program Outcomes:

The program shall produce a graduate who can:


a. articulate and discuss the latest developments in the specific field of practice;
b. effectively communicate orally and in writing using both English and Filipino;
c. work effectively and independently in multi-disciplinary and multi-cultural teams;
d. act in recognition of professional, social and ethical responsibility;
e. preserve and promote “Filipino historical and cultural heritage”;
f. demonstrate corporate citizenship and social responsibility;
g. exercise high personal moral and ethical standards;
h. apply information and communication technology (ICT) skills as required for
Public Administration;
i. employ adequate knowledge and understanding of fundamentals of good
governance;
j. demonstrate high appreciation for the demands and challenges of public service;
k. develop ethical values for public service, accountability, nationalism and
sustainability;
l. exhibit strong sense of duty to promote and protect public interest especially for
the depressed and the marginalized communities;
m. apply adequate skills in management including planning, implementation,
monitoring and human, material and resource management for government and
civil society organizations; and
n. apply adequate ability to engage in scientific research and national decision-
making.

NONESCOST BPA Program Outcomes:


The program shall produce a graduate who can:
1. conceptualize, utilize and commercialize administrative and management
research outputs;
2. apply current and relevant practices and trends in the public sector; and
3. assess and address issues of the community in the field of public administration
and management.

This document is a property of NONESCOST. Module 1 | Page 2


Unauthorized copying, uploading, and/or editing is prohibited, (For Classroom Use Only) Prepared by: Kathy S. Cinco, LPT, MPA

Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)


lOMoARcPSD|37115573

Warm greetings!

Welcome to the second semester of Academic Year 2021-2022! Welcome to the


College of Business and Management and welcome to NONESCOST!

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:

INTRODUCTION- Overview of the lesson

LEARNING OUTCOMES- Lesson objectives for you to ponder on

MOTIVATION- Fuels you to go on

PRESENTATION- A smooth transition to the lesson

TEACHING POINTS- Collection of ideas that you must discover

LEARNING ACTIVITIES – To measure your learnings in the lesson where you wandered

ASSESSMENT – To test your understanding in the lesson you discovered

This document is a property of NONESCOST. Module 1 | Page 2


Unauthorized copying, uploading, and/or editing is prohibited, (For Classroom Use Only) Prepared by: Kathy S. Cinco, LPT, MPA

Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)


lOMoARcPSD|37115573

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!

This document is a property of NONESCOST. Module 1 | Page 2


Unauthorized copying, uploading, and/or editing is prohibited, (For Classroom Use Only) Prepared by: Kathy S. Cinco, LPT, MPA

Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)


lOMoARcPSD|37115573

MODULE
1
LESSON

INTRODUCTION: HISTORY,
1 PERSPECTIVE AND BASIC
CONCEPTS
9
HOURS
MODULE 1
LESSON 1
INTRODUCTION: HISTORY, PERSPECTIVE AND BASIC CONCEPTS

A. Local Government History and Background


B. Local Government Code of 1991
C. Policy and Application
D. Local Government, Decentralization, Autonomy
E. Merger of Administrative Regions; Autonomous Regions
F. Decentralization of Administration vs Decentralization of Power

LESSON 2
CREATION OF LOCAL GOVERNMENT UNITS

A. Requirements
B. Doctrine of De Facto Corporation
C. Abolition

LESSON 3
GENERAL POWER AND ATTRIBUTES

A. Dual Nature-Political and Corporate Nature of LGU’s


Content B. General Welfare Clause
C. Basic Services
Coverage D. Power to Generate Revenue
E. Eminent Domain
F. Reclassification of Lands
G. Closure and Opening of Roads
H. Corporate Powers
I. Authority to Negotiate and Secure Grants
J. Liability for Damages

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

This document is a property of NONESCOST. Module 1 | Page 2


Unauthorized copying, uploading, and/or editing is prohibited, (For Classroom Use Only) Prepared by: Kathy S. Cinco, LPT, MPA

Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)


lOMoARcPSD|37115573

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

A. Tests of a Valid Ordinance


B. Quorum
C. Action by the Local Chief Executive
D. Judicial Intervention

LESSON 3
DISCIPLINARY ACTIONS

A. Grounds for Administrative Actions


B. Preventive Suspension
C. Removal
D. Recall Process

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

A. Functions and Roles of a Barangay


B. Barangay Officials
C. Different Committees in a Barangay

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

This document is a property of NONESCOST. Module 1 | Page 2


Unauthorized copying, uploading, and/or editing is prohibited, (For Classroom Use Only) Prepared by: Kathy S. Cinco, LPT, MPA

Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)


lOMoARcPSD|37115573

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

At the end of this module the, you are expected to:

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

ACTIVITY #1: DEFINED ME!


Instruction: Defined the terms below. (for 5 points)

 What is Maura Law of 1893?


_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_________________________________________________

PRESENTATION

ACTIVITY #1: IDENTIFICATION


Instruction: Answer the following questions. (for 10 points)

1. What are the 2 classifications of laws?

2. Maura law of 1893 is coined from whom?

3. Social structures in Spanish time.

This document is a property of NONESCOST. Module 1 | Page 2


Unauthorized copying, uploading, and/or editing is prohibited, (For Classroom Use Only) Prepared by: Kathy S. Cinco, LPT, MPA

Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)


lOMoARcPSD|37115573

TEACHING POINTS

A. LOCAL GOVERNMENT HISTORY AND BACKGROUND ( from the Pre-colonial to the


Present time)

Pre Post Present


Colonial Colonization Time
Period
- 1521-1898

1946- present
Spanish American
Period Period

1898-1946

Pueblo Maura Barrio;


Barangay Law of Barrio Marcos LGC of
Barangay Alcaldia Centralized
1893 System Charter Dictatorship 1991

a PRE-COLONIZATION (The Concept of Barangay)


o It came from the word balangay which means “sailboat” used by the Malays to migrate
(Migration Theory)
o Barangay originally referred to a group of boats and their passengers who migrated to the
Philippines
o Each boat carried an entire family including relatives, friends and slaves
o After landing, the group founded a village. Later on, barangay came to mean a village
constituted by these settlers
o Smallest form of community
o Ruled by a datu (other books call them pangolo,Rajah, Hadji, Sultan, Gat or Lakan)
o Members of the community are: datu, timawa (maharlika-less free) and alipin (saguiguilid and
namamahay)
o The datu of the barangay was the village leader by inheritance, wealth and/or physical
prowess
o He was lawmaker, judge and executive
o 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
o His authority, largely autocratic, was not used without consultation with the village elders
o One functions of the barangay was preservation of peace and mutual protection from hostile
inhabitants of other barangays
o There were occasional confederations of barangay, each governed by its own datu but under
the overall authority of the chief of the largest or most prosperous barangay.
o 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.

b SPANISH PERIOD (1521-1898)


o During the early part of the Spanish regime the barangay organization was retained.
o The datu remained its head but thus powers were nominal, restricted by both lay and
ecclesiastical authorities.

This document is a property of NONESCOST. Module 1 | Page 2


Unauthorized copying, uploading, and/or editing is prohibited, (For Classroom Use Only) Prepared by: Kathy S. Cinco, LPT, MPA

Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)


lOMoARcPSD|37115573

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.

City Government (Ayuntamientos)


 Larger town 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), algucil 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

This document is a property of NONESCOST. Module 1 | Page 2


Unauthorized copying, uploading, and/or editing is prohibited, (For Classroom Use Only) Prepared by: Kathy S. Cinco, LPT, MPA

Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)


lOMoARcPSD|37115573

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.

 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
 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
 The Cabeza de Baranagy was to 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
assiting him (teniente mayor, lieutenants of police, fields and livestock)
 “honorary and gratuitous and…obligatory.”
 The Cabeza de barangay was to be appointed for three years by the provincial governor from
a lost of candidates submitted by the municipal council and the town board of electors
 QUALIFICATIONS:
1. Filipino or Chinese Mestizos
2. 25 years of age or over
3. Resident for two years un the pueblo where he has to exercise his power
4. Good reputation
 Could be elected for an indefinite number of times, receive 50% of taxes collected in his
village, and 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

c AMERICAN PERIOD (1898-1946)


o When the US assumed administration of the Philippines in 1989, slight changes were made
in the local government
o Towns were renamed municipalities
o The Barrio continued as a subdivision with the barrio lieutenant as its chief administrative
officer
o President McKinley’s Second Philippine Commission members were “to devote their
attention… to establish 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.”
o They changed their minds on enforcing local autonomy
o 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
o The municipal and provincial codes were said to be virtually duplications of the Maura Law
o Municipal officials made their own decisions concerning local affairs but were subject to
revision or annulment by the central government in Manila

This document is a property of NONESCOST. Module 1 | Page 2


Unauthorized copying, uploading, and/or editing is prohibited, (For Classroom Use Only) Prepared by: Kathy S. Cinco, LPT, MPA

Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)


lOMoARcPSD|37115573

o Americans maintained a highly centralized politico-administrative structure- for security


considerations
1916
 Act No. 2657 also known as Administrative Code of 1917
1917
 Act No. 2711
 Revised Administrative Code of 1917
 March 10: (Revised Administrative Code of 1917, 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
 Powers and Duties of Rural Council:
1. To present the barrio or 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 municipal
ordinances the Council considered important
5. To organize, at least three time a year, public lectures on citizenship
6. 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”

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

d POST COLONIZATION PERIOD TO PRESENT TIME (1946- Present)


1954
 Republic Act No. 1062 – an act granting t Municipal Councils Greater Autonomy in
the preparation of the Municipal Budgets, amending for this purpose certain sections
of the Revised Administrative code
1955
 Republic Act No. 1245 – an act amending section 2219 ½ of the Revised
Administrative Code and for other Purposes
 June 10
– organized a Barrio Council composed of : Barrio Lieutenant and such number
of deputy barrio as there are sitios within the barrio, a councilman for livelihood,
education and health.
– Shall be elected at a meeting to be attended by at least one-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.”

 September 9

This document is a property of NONESCOST. Module 1 | Page 2


Unauthorized copying, uploading, and/or editing is prohibited, (For Classroom Use Only) Prepared by: Kathy S. Cinco, LPT, MPA

Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)


lOMoARcPSD|37115573

– 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

This document is a property of NONESCOST. Module 1 | Page 2


Unauthorized copying, uploading, and/or editing is prohibited, (For Classroom Use Only) Prepared by: Kathy S. Cinco, LPT, MPA

Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)


lOMoARcPSD|37115573

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

B. LOCAL GOVERNMENT CODE OF 1991


 HIERARCHY OF LAWS
 The following laws are listed
according to hierarchy: from pertinent
provisions of the Philippine Constitution,
to national laws and
international treaties agreement,
to Executive Orders of the President,
to Administrative Orders of the
President, to Administrative Orders
and Circular issued by the government
agencies.

 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.

 BASIS FOR LOCAL GOVERNANCE


 The 1987 Constitution
Article II (Declaration of Principles and State Policies) Sec. 25
- The state shall ensure the autonomy of local government

This document is a property of NONESCOST. Module 1 | Page 2


Unauthorized copying, uploading, and/or editing is prohibited, (For Classroom Use Only) Prepared by: Kathy S. Cinco, LPT, MPA

Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)


lOMoARcPSD|37115573

Article X: Local Governance (LGC of 1991)


- GENERAL PROVISIONS:
Sec. 1 : 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.
Sec. 2 : the territorial and political subdivisions shall enjoy local autonomy
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 6. Local government units shall have a just share, as determined by law, in the national
taxes which shall be automatically released to them.
Sec 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.
Sec. 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.
Sec. 9. Legislative bodies of local governments shall have sectoral representation as may be
prescribed by law.
Sec. 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.
Sec. 11. The Congress may, by law, create special metropolitan political subdivisions, subject
to a plebiscite as set forth in Section 10 hereof. The component cities and municipalities shall
retain their basic autonomy and shall be entitled to their own local executive and legislative
assemblies. The jurisdiction of the metropolitan authority that will thereby be created shall be
limited to basic services requiring coordination.
Sec. 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.
Sec. 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.
Sec. 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.

BASIC CONCEPTS

A. POLICY AND APPLICATION (Chapter 1 of LGC)


 Sec 1: Title
- Effectivity Date: January 1, 1992

This document is a property of NONESCOST. Module 1 | Page 2


Unauthorized copying, uploading, and/or editing is prohibited, (For Classroom Use Only) Prepared by: Kathy S. Cinco, LPT, MPA

Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)


lOMoARcPSD|37115573

- Local Government: “ a political subdivision of a nation or state which is constitutes by law


and has substantial control over local affairs” (Basco vs PAGCOR, 197 SCRA 52 1991)

 Sec 2: Declaration of Policy


a.Genuine and Meaningful Autonomy
- Self-Reliant Communities
- System of Decentralization
1. Power
2. Authority
3. Responsibility
4. Resources
*system of implementation is explained in sec 17
b. Accountability of LGU’s
1. Recall – loss of confidence in the elected official (*1 year after assumption into office)
2. Initiative – petition to enact certain legislation
3. Referendum – approve or reject policies enacted

 Sec 3: Operative Principles of Decentralization


a. Effective allocation of power, functions, responsibility, resources
b. Efficient service delivery of the bureaucracy
c. Local employees/official - locally funded - appointed/removed with under civil service laws
d. Vesting duty shall be accompanied with appropriate resources
e. The acts of their component units are within the scope of their prescribed powers and functions
f. LGU’s may group themselves, consolidate or coordinate  league of provinces, cities,
municipalities and barangays league of governors, vg’s, mayors, etc.
g. Municipalities and barangays shall have opportunities to participate actively in implementation
of national programs and projects
h. Continuing mechanism to enhance local autonomy i. Management and maintenance of
ecological balance within territorial jurisdiction
j. Effective mechanisms for ensuring the accountability of LGU’s to enhance local leadership
k. Improved coordination with national government
l. Participation of the private sector particularly in the delivery of public service
m. Decentralization helps in the improvement of the performance of the LGU’s and the quality of
life of the community

 Sec 4: Scope of Application


- All local government units under this code
- autonomous region – LGU’s under ARMM
- metropolitan areas
- local offices and officers or agencies of the national government devolved

 Sec 5: Rules of Application


RULES OF INTERPRETATION: Any provision on a power of a LGU shall be liberally
interpreted in its favor; in case of doubt, any question shall be resolved in favor of devolution
of power.
– “In case of doubt as to whether or not a power has been granted to an LGU, the
presumption is that such power was devolved to the LGU” – Pimentel, 2011
– Whenever the issue is as to who must rightfully exercise power between lower and a higher
LGU “any fair and reasonable doubt” shall be interpreted in favor of the lower LGU
RULES OF INTERPRETATION: TAXES. Any tax ordinance or revenue measure shall be
construed strictly against the LGU enacting it and liberally in favor if the taxpayer.
– 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

This document is a property of NONESCOST. Module 1 | Page 2


Unauthorized copying, uploading, and/or editing is prohibited, (For Classroom Use Only) Prepared by: Kathy S. Cinco, LPT, MPA

Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)


lOMoARcPSD|37115573

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

B. LOCAL GOVERNMENT, DECENTRALIZATION AND AUTONOMY

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

 The LGC institutes decentralization


 By transferring to LGUs primary responsibility for delivering basic services and facilities;
 By transferring to LGUs regulatory powers over certain activities in the locality;
 By enhancing the governmental and corporate powers of LGUs;
 By improving national government-LGU relations in accordance with the requirements of a
decentralized set-up;
 By institutionalizing LGU-NGO/Private sector relations to broader support for local autonomy; and
 By deconcentrating central authority to regional or field offices of national agencies

 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

This document is a property of NONESCOST. Module 1 | Page 2


Unauthorized copying, uploading, and/or editing is prohibited, (For Classroom Use Only) Prepared by: Kathy S. Cinco, LPT, MPA

Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)


lOMoARcPSD|37115573

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.

LOCAL AUTONOMY AND DEVOLUTION IN THE PHILIPPINES


 Centralized set up unable to respond to the demands
 Decentralization within the context of overall efforts to democratize the polity
 LGC of 1991 brought about massive changes at the local government level
 Dispersal of power and autonomy from center to local
 Dispersal of power and autonomy from center to local
 Access to government institutions
 Less government-engage private sector and civil society in governance
 Recognize the key role of LGU in poverty reduction and service delivery and the attainment of the
MDGs
 LGC of 1991 brought about massive changes at the local government level
 Dispersal of power and autonomy from center to local

 EVOLUTION OF LOCAL AUTONOMY IN THE PHIIPPINES

This document is a property of NONESCOST. Module 1 | Page 2


Unauthorized copying, uploading, and/or editing is prohibited, (For Classroom Use Only) Prepared by: Kathy S. Cinco, LPT, MPA

Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)


lOMoARcPSD|37115573

C. MERGER OF ADMINISTRATIVE REGIONS AND AUTONOMOUS REGIONS


 Sec 8: DIVISION AND MERGER
- Shall comply with the same requirements
- division shall not reduce the income, Population and land area of the LGU’s Concerned to less
than the minimum requirements.
- the income of the original LGU shall not fall below its current income classification

MERGING LOCAL GOVERNMENTS:


THE CASE OF NEGROS ISLAND REGION
 Negros occidental org. Western Visayas (reg. 6)
 Negros oriental org. Central Visayas (reg. 7)
 Upon the petition of both Sanggunian
Panlalawigan to DILG Pres. B.S. Aquino
signed E.O 183 s. 2015 in capacity as president
through general supervision power vested in him.
 Created primarily to coordinate the planning and
 implementation of programs and services in the region

D. DECENTRALIZATION OF ADMINISTRATION vs DECENTRALIZATION OF POWER

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

This document is a property of NONESCOST. Module 1 | Page 2


Unauthorized copying, uploading, and/or editing is prohibited, (For Classroom Use Only) Prepared by: Kathy S. Cinco, LPT, MPA

Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)


lOMoARcPSD|37115573

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.

E. POLICY AND APPLICATION (Chapter 1 of LGC)


 Sec 1: Title
- Effectivity Date: January 1, 1992
- Local Government: “ a political subdivision of a nation or state which is constitutes by law
and has substantial control over local affairs” (Basco vs PAGCOR, 197 SCRA 52 1991)

 Sec 2: Declaration of Policy


a.Genuine and Meaningful Autonomy
- Self-Reliant Communities
- System of Decentralization
1. Power
2. Authority
3. Responsibility
4. Resources
*system of implementation is explained in sec 17
b. Accountability of LGU’s
1. Recall – loss of confidence in the elected official (*1 year after assumption into office)
2. Initiative – petition to enact certain legislation
3. Referendum – approve or reject policies enacted

 Sec 3: Operative Principles of Decentralization


a. Effective allocation of power, functions, responsibility, resources
b. Efficient service delivery of the bureaucracy
c. Local employees/official - locally funded - appointed/removed with under civil service laws
d. Vesting duty shall be accompanied with appropriate resources
e. The acts of their component units are within the scope of their prescribed powers and functions
f. LGU’s may group themselves, consolidate or coordinate  league of provinces, cities,
municipalities and barangays league of governors, vg’s, mayors, etc.
g. Municipalities and barangays shall have opportunities to participate actively in implementation
of national programs and projects
h. Continuing mechanism to enhance local autonomy i. Management and maintenance of
ecological balance within territorial jurisdiction
j. Effective mechanisms for ensuring the accountability of LGU’s to enhance local leadership
k. Improved coordination with national government
l. Participation of the private sector particularly in the delivery of public service
m. Decentralization helps in the improvement of the performance of the LGU’s and the quality of
life of the community

 Sec 4: Scope of Application


- All local government units under this code
- autonomous region – LGU’s under ARMM
- metropolitan areas
- local offices and officers or agencies of the national government devolved

 Sec 5: Rules of Application


RULES OF INTERPRETATION: Any provision on a power of a LGU shall be liberally
interpreted in its favor; in case of doubt, any question shall be resolved in favor of devolution
of power.
– “In case of doubt as to whether or not a power has been granted to an LGU, the
presumption is that such power was devolved to the LGU” – Pimentel, 2011
– Whenever the issue is as to who must rightfully exercise power between lower and a higher
LGU “any fair and reasonable doubt” shall be interpreted in favor of the lower LGU
RULES OF INTERPRETATION: TAXES. Any tax ordinance or revenue measure shall be
construed strictly against the LGU enacting it and liberally in favor if the taxpayer.

This document is a property of NONESCOST. Module 1 | Page 2


Unauthorized copying, uploading, and/or editing is prohibited, (For Classroom Use Only) Prepared by: Kathy S. Cinco, LPT, MPA

Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)


lOMoARcPSD|37115573

– 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

F. LOCAL GOVERNMENT, DECENTRALIZATION AND AUTONOMY

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

 The LGC institutes decentralization


 By transferring to LGUs primary responsibility for delivering basic services and facilities;
 By transferring to LGUs regulatory powers over certain activities in the locality;
 By enhancing the governmental and corporate powers of LGUs;
 By improving national government-LGU relations in accordance with the requirements of a
decentralized set-up;
 By institutionalizing LGU-NGO/Private sector relations to broader support for local autonomy; and

This document is a property of NONESCOST. Module 1 | Page 2


Unauthorized copying, uploading, and/or editing is prohibited, (For Classroom Use Only) Prepared by: Kathy S. Cinco, LPT, MPA

Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)


lOMoARcPSD|37115573

 By deconcentrating central authority to regional or field offices of national agencies

 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.

LOCAL AUTONOMY AND DEVOLUTION IN THE PHILIPPINES


 Centralized set up unable to respond to the demands
 Decentralization within the context of overall efforts to democratize the polity
 LGC of 1991 brought about massive changes at the local government level
 Dispersal of power and autonomy from center to local
 Dispersal of power and autonomy from center to local
 Access to government institutions
 Less government-engage private sector and civil society in governance
 Recognize the key role of LGU in poverty reduction and service delivery and the attainment of the
MDGs
 LGC of 1991 brought about massive changes at the local government level
 Dispersal of power and autonomy from center to local

 EVOLUTION OF LOCAL AUTONOMY IN THE PHIIPPINES

This document is a property of NONESCOST. Module 1 | Page 2


Unauthorized copying, uploading, and/or editing is prohibited, (For Classroom Use Only) Prepared by: Kathy S. Cinco, LPT, MPA

Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)


lOMoARcPSD|37115573

G. MERGER OF ADMINISTRATIVE REGIONS AND AUTONOMOUS REGIONS


 Sec 8: DIVISION AND MERGER
- Shall comply with the same requirements
- division shall not reduce the income, Population and land area of the LGU’s Concerned to less
than the minimum requirements.
- the income of the original LGU shall not fall below its current income classification

MERGING LOCAL GOVERNMENTS:


THE CASE OF NEGROS ISLAND REGION
 Negros occidental org. Western Visayas (reg. 6)
 Negros oriental org. Central Visayas (reg. 7)
 Upon the petition of both Sanggunian
Panlalawigan to DILG Pres. B.S. Aquino
signed E.O 183 s. 2015 in capacity as president
through general supervision power vested in him.
 Created primarily to coordinate the planning and
 implementation of programs and services in the region

H. DECENTRALIZATION OF ADMINISTRATION vs DECENTRALIZATION OF POWER

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

This document is a property of NONESCOST. Module 1 | Page 2


Unauthorized copying, uploading, and/or editing is prohibited, (For Classroom Use Only) Prepared by: Kathy S. Cinco, LPT, MPA

Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)


lOMoARcPSD|37115573

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.

LA #1: TRUE OR FALSE


Instruction: Answer the following questions. (for 10 points)

_________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.

LEA LEARNING ACTIVITIES

LA #1 : IDENTIFICATION
Instruction: Answer the following questions. ( for 20 points)

Describe ruler ship / government in times of pre-colonization, Spanish period, American


period and post colonization in terms of its social structure?

 PRE-COLONIZATION

 SPANISH PERIOD

 AMERICAN PERIOD

 POST COLONIZATION

ASSESSMENT

Instruction: Answer the following questions. (for 10 points)

1. Can information about Local Government performance induce civic participation?

This document is a property of NONESCOST. Module 1 | Page 2


Unauthorized copying, uploading, and/or editing is prohibited, (For Classroom Use Only) Prepared by: Kathy S. Cinco, LPT, MPA

Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)


lOMoARcPSD|37115573

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

At the end of this module the, you are expected to:


a. Identify the requirements of the creation of local government units,
b. Discuss the concept of de facto corporation,
c. Discuss the abolition of local government units.

MOTIVATION

ACTIVITY #1: ESSAY, EASY PEASY!


Instruction: Answer the following questions. (for 5 points)

 What is a de facto corporation?


_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________

PRESENTATION

ACTIVITY #1: IDENTIFICATION


Instruction: Answer the following questions. (for 10 points)

 What are the criteria in the creation of a local government unit?


*___________________________
*___________________________

This document is a property of NONESCOST. Module 1 | Page 2


Unauthorized copying, uploading, and/or editing is prohibited, (For Classroom Use Only) Prepared by: Kathy S. Cinco, LPT, MPA

Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)


lOMoARcPSD|37115573

*___________________________
 What are the requisites in de facto corporation?
*___________________________
*___________________________

TEACHING POINTS

CREATION OF LOCAL GOVERNMENT UNITS

 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.

“DE FACTO CORPORATION”


 Those which exist by virtue of an irregularity or in the organization or constitution or from some
other omission to comply with the conditions precedent by which corporations de jure are created,
but there was colorable the requirement of the law under which they might be lawfully for the
purposes and powers assumed, and user of the rights claimed to be by law.
 One that is so defectively created as not to bone de jure corporation but nevertheless exists, for
all practical purposes a corporate body, by virtue of its bona fide attempt to incorporate under
existing statutory authority, coupled with the exercise of corporate powers.

 REQUISITES:
1) There is a valid law under which the corporation could have been created as a de jure
corporation;

This document is a property of NONESCOST. Module 1 | Page 2


Unauthorized copying, uploading, and/or editing is prohibited, (For Classroom Use Only) Prepared by: Kathy S. Cinco, LPT, MPA

Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)


lOMoARcPSD|37115573

2) An attempt, in good faith, to form a corporation according to the requirements of law


(colorable compliance);
3) A user of corporation powers; and
4) Good faith in claiming to be and doing business as a corporation.

 Rules on collateral and direct attack against corporate existence:


1) The corporate existence of a de jure corporation cannot be directly attacked either directly or
collaterally, even by the State,
2) The corporate existence of a de facto corporation can be directly attacked on a quo warranto
proceeding,
3) The corporate existence of a de facto corporation is not subject to collateral attack by any
party.

A municipal corporation created by an unconstitutional law cannot exist as a de facto corporation


unless there is some other valid law givingcorporate vitality to the organization. An
unconstitutional law confers no right. (Municipality of Malabang vs. Benito)
Without having obtained a certificate of incorporation, a corporation- even its may not claim in
good faith to be a corporation. (Hall vs. Piccio)

 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 10. Plebiscite Requirement. - 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.
Said plebiscite shall be conducted by the Commission on Elections (Comelec) within one hundred
twenty (120) days from the date of effectivity of the law or ordinance effecting such action, unless
said law or ordinance fixes another date.

 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 12. Government Centers.


 Provinces, cities, and municipalities shall endeavor to establish a government center where
offices, agencies, or branches of the national government, local government units, or

This document is a property of NONESCOST. Module 1 | Page 2


Unauthorized copying, uploading, and/or editing is prohibited, (For Classroom Use Only) Prepared by: Kathy S. Cinco, LPT, MPA

Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)


lOMoARcPSD|37115573

government-owned or -controlled corporations may, as far as practicable, be located. In


designating such a center, the local government unit concerned shall take into account the
existing facilities of national and local agencies and offices which may serve as the government
center as contemplated under this Section. 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.

 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.

This document is a property of NONESCOST. Module 1 | Page 2


Unauthorized copying, uploading, and/or editing is prohibited, (For Classroom Use Only) Prepared by: Kathy S. Cinco, LPT, MPA

Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)


lOMoARcPSD|37115573

LEARNING ACTIVITIES

LA #1: MODIFIED TRUE OR FALSE


Instruction: Write TRUE if the statement is CORRECT and FALSE if the statement is INCORRECT and
fill in the correct answer. For 2 points each.(10 points)

____________ 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

FILL IN THE BLANK


Instruction: Answer the following questions. (for 10 points)

This document is a property of NONESCOST. Module 1 | Page 2


Unauthorized copying, uploading, and/or editing is prohibited, (For Classroom Use Only) Prepared by: Kathy S. Cinco, LPT, MPA

Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)


lOMoARcPSD|37115573

 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.

 In the plebiscite, there is 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. Said
plebiscite shall be conducted by the Commission on Elections (COMELEC) within
(8)__________________ days from the date of effectivity of the law or ordinance effecting such
action, unless said law or ordinance fixes another date.

 In the income classification of local government units shall be updated within


(9)__________________ from the effectivity of this Code to reflect the changes in their financial
position resulting from the increased revenues as provided herein.

 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

GENERAL POWER AND


3 ATTRIBUTES
This document is a property of NONESCOST. Module 1 | Page 2
Unauthorized copying, uploading, and/or editing is prohibited, (For Classroom Use Only) Prepared by: Kathy S. Cinco, LPT, MPA
5
HOURS Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)
lOMoARcPSD|37115573

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

At the end of this module, you are intended to learn:

a. Discuss the dual nature-political corporate nature of an Local Government Units,


b. Determine the general welfare of a local government should exercise,
c. Identify the basic services and facilities of local government,
d. Analyze the concept of power of generate revenue,
e. Discuss what is eminent domain,
f. Discuss the reclassification of lands, closure and opening of roads,
g. Identify the corporate powers of local government,
h .Analyze the concept of authority to negotiate and secure grants and liability for damages.

MOTIVATION

ACTIVITY #1: EASY, ESSAY PEASY!


Instruction: Answer the following question. ( for 5 points)

 What is a police power?


_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________

PRESENTATION

ACTIVITY #1: IDENTIFICATION!


Instruction: Identify the following questions. (for 10 points)

 What are the 2 dual nature of LGU?


*_______________________________
*_______________________________
 What are the governmental powers?
*_______________________________
*_______________________________
*_______________________________
 What are the requisites of eminent domain does the local government can take a private
property to public property?
*_______________________________
*_______________________________
*_______________________________

This document is a property of NONESCOST. Module 1 | Page 2


Unauthorized copying, uploading, and/or editing is prohibited, (For Classroom Use Only) Prepared by: Kathy S. Cinco, LPT, MPA

Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)


lOMoARcPSD|37115573

*_______________________________

TEACHING POINTS

A. DUAL NATURE-POLITICAL AND CORPORATE NATURE OF LGU’S


 SECTION 15. Political and Corporate Nature of Local Government Units.
 Every local government unit created or recognized under this Code is a body politic and
corporate endowed with powers to be exercised by it in conformity with law. As such, it shall
exercise powers as a political subdivision of the national government and as a corporate
entity representing the inhabitants of its territory.
 Two-fold purpose of LGs: Dual Agency
o To serve as an agency or instrumentality of the state in carrying on the functions of
government which the state cannot conveniently exercise
o To act as an agency of the inhabitants of the community
 Two-fold Character of LGs: Governmental & Private
o Act as agents of State for the government of the territory & the inhabitants within the LGs
limits
o Act in similar category as a business corporation in the administration of local affairs
beyond the sphere of public purposes for which government powers are vested like in
managing public markets & cemeteries

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

B. GENERAL WELFARE CLAUSE


 Section 16
- Every local government unit shall exercise the powers expressly granted, those
necessarily implied there from, as well as powers necessary, appropriate, or incidental for
its efficient and effective governance, and those which are essential to the promotion of
the general welfare. Within their respective territorial jurisdictions, local government units
shall ensure and support, among other things, the preservation and enrichment of
culture, promote health and safety, enhance the right of the people to a balanced ecology,
encourage and support the development of appropriate and self-reliant scientific and
technological capabilities, improve public morals, enhance economic prosperity and
social justice, promote full employment among their residents, maintain peace and order,
and preserve the comfort and convenience of their inhabitants.

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

This document is a property of NONESCOST. Module 1 | Page 2


Unauthorized copying, uploading, and/or editing is prohibited, (For Classroom Use Only) Prepared by: Kathy S. Cinco, LPT, MPA

Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)


lOMoARcPSD|37115573

 The local government code (LGC)


devolves to all local units the
administration of five basic
services: agriculture, health,
social welfare, maintenance
of public works and highways,
and environmental protection.
 What this means is that the
appointment of persons performing
these functions in their local areas is
now done by the local chief executives.
Their salaries are also paid from local
funds.
 Sec. 17 of LGC of 1991
- 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. Local government units shall likewise exercise
such other powers and discharge such other functions and responsibilities as are
necessary, appropriate, or incidental to efficient and effective provision of the basic
services and facilities enumerated herein.

Devolved Basic Services


 On Health and Social Services:
1. include the implementation of programs and projects on primary health care, maternal and
child care, and communicable and non-communicable disease control services;
2. Health services which access to secondary and tertiary health services;
3. Purchase of medicines, medical supplies, and equipment needed to carry out the services
4. Social welfare services which include programs and projects on child and youth welfare, family
and community welfare, women's welfare, welfare of the elderly and disabled persons;

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

This document is a property of NONESCOST. Module 1 | Page 2


Unauthorized copying, uploading, and/or editing is prohibited, (For Classroom Use Only) Prepared by: Kathy S. Cinco, LPT, MPA

Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)


lOMoARcPSD|37115573

D. POWER TO GENERATE REVENUE


 Local governments are authorized
by law to impose certain taxes to
support their activities. However,
their main source of revenue is
the internal revenue tax, which
is shared by the national government
with them. The Code raises their
share of these taxes from 20 percent
to 40 percent. It also modifies the
sharing schemes by providing for the
following: 34 percent to the
municipalities, 23 percent to the
cities, 23 percent to the provinces, and 20 percent to the barangays.
 Internal revenue allotments (IRA) are also divided according to other criteria: 50 percent by
population, 25 percent by area, and 25 percent in terms of equal sharing. Local units impose
the property realty tax, and much depends on their assessment and collection efficiency.
They also tax business. Cities and municipalities impose the amusement tax. Barangay
clearance is now needed before permits can be given by the cities and municipalities for
businesses.

E. EMINENT DOMAIN (Sec 19, LGC of 1991)


 The power of the state to take private properties for public use or purposes of public welfare upon
the payment of just compensation
 The exercise of eminent domain may not be exercised unless a valid and definite offer has been
previously made to the owner

 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

 A resolution is insufficient to exercise eminent domain


 Reclamation of foreshore lands and lands under water are not subjects to eminent domain –
CHAVEZ VS PUBLIC ESTATES AUTHORITY 415 SCRA 403, (2003)

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

G. CLOSURE AND OPENING OF ROADS


 An LGU may, through an ordinance, permanently or temporarily close or open any road, alley,
park, square within its jurisdiction
– private establishments/facilities can be closed temporarily/regulated as needed

This document is a property of NONESCOST. Module 1 | Page 2


Unauthorized copying, uploading, and/or editing is prohibited, (For Classroom Use Only) Prepared by: Kathy S. Cinco, LPT, MPA

Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)


lOMoARcPSD|37115573

 In case of permanent closure, 2/3 vote of Sanggunian is needed and substitute road/facility (real
properties of LGU)

 REASONS FOR TEMPORARY CLOSURE


o Emergency
o Fiesta celebrations
o Public rallies
o Agricultural/industrial expos
o Roads/facilities maintenance or improvement

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.

I. AUTHORITY TO NEGOTIATE AND SECURE GRANTS


 The LCE upon the authority of the Sanggunian, negotiate and secure financial grants or
donations in kind, in support of basic services and facilities from local or international assistance
agencies without the approval of the NGA (unless concerning Nat’l security) or higher LGU.
 A monitoring system is employed by the NEDA and DILG in assisting the LGU with regard to the
project concerned.

J. LIABILITY FOR DAMAGES


 Local government units and their officials are not exempt from liability for death or injury to
persons or damage to property. (THERE IS NO IMMUNITY FOR LGU OFFICIALS)

LEARNING ACTIVITIES

LA #1: MODIFIED TRUE OR FALSE


Instruction: Write TRUE if the statement is CORRECT and FALSE if the statement is INCORRECT and
fill in the correct answer. For 2 points each.(10 points)

___________ 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

This document is a property of NONESCOST. Module 1 | Page 2


Unauthorized copying, uploading, and/or editing is prohibited, (For Classroom Use Only) Prepared by: Kathy S. Cinco, LPT, MPA

Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)


lOMoARcPSD|37115573

twenty percent (20%) of the fair market value of the property based on the current tax declaration of the
property to be expropriated.

LA #2: ESSAY, EASY PEASY!


Instruction: Identify the following questions. (for 10 points)

1) What do you mean by, the local government have the power to regenerate revenue?
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_______________________________________________________

2) Discuss what is eminent domain?


_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
__________________________________________________

ASSESSMENT

Instruction: Answer the following question. ( 20 points)


 In liabilities of damages Section 24 in LGC of 1991 states that, local government units and their
officials are not exempt from liability for death or injury to persons or damage to property it means
that there is no immunity for LGU officials. What do you mean by, “THERE IS NO IMMUNITY
FOR LGU OFFICIALS “? (It is a THOUGHT PAPER it means that it should be comprehensive
and don’t forget to put references if you cited on the internet.)

 There are three (3) parts for your essay.


1. Introduction – this is an overview of what your work is all about and must
not be less than 3 sentences and not more than 5 sentences.
2. Body – this part includes your own definition and explanation why you came
up with this definition. This should be within 7-10 sentences.
3. Conclusion – may contain the summary of your work/thoughts in 3 to 5
sentences.

This document is a property of NONESCOST. Module 1 | Page 2


Unauthorized copying, uploading, and/or editing is prohibited, (For Classroom Use Only) Prepared by: Kathy S. Cinco, LPT, MPA

Downloaded by Paula Mae Ong (paulamaeong22@gmail.com)

You might also like