Local Government and Regional Administration-Part1

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PA 151:Local Government and

Regional AdministrationNational College of Public Administration and Governance

University of the Philippines, Diliman, Quezon City, PH N o t f o r a t t r i b u t i o n / r e p r o d u c t i o n .

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P A 1 5 1 - W F R ( I I - 1 1 - 1 2 ) c l a s s p u r p o s e s o n l y .

1. BASIC CONCEPTS

N o t f o r a t t r i b u t i o n / r e p r o d u c t i o n .

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Basic Concepts

• Public corporations are those formed or organized for the

government of a portion of the state (Sec. 3, Act No. 1459)• A public corporation is one that is created by the State either by

general or special act for purposes of administration of local

government or the rendering of service in the public interest. On

the other hand, a corporation is private if it is formed for some

private purpose, benefit, aim or end (Sec. 3, Act No. 1459)

• Classifications

• Quasi-public corporations are those created as agencies of the

State for limited or specific purposes devoid of the powers and

liabilities of self-governing corporations

• Municipal corporation is a public corporation created by the

government for political purposes or reasons and having powers

of local legislation


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Municipal Corporation

• A body politic and corporate constituted by the incorporation of the

inhabitants of a city or town for the purpose of local government

thereof; it is established by law partly as an agency of the State to

assist in the civil government of the country, but chiefly to regulateand administer the local and internal affairs of the city (or) town

which is incorporated (Martin, 1970)

• considered as a subordinate branch of the government of the State

performing powers and functions which have been duly delegated

• Requirements for the creation and existence of a municipal

corporation:

• Charter

• corporate name

• People

• place or territory


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Principles

• Autonomy is either decentralization of administration ordecentralization of power• Decentralization of administration when the central government

delegates administrative powers to political subdivisions to broadenthe base of governmental powers, and in the process, make local government “more responsive and accountable” thereby ensuringtheir fullest development as self-reliant communities

• Decentralization of power involves the abdication of political power in favor of local government units declared to be autonomous (what is left to the NG is mere general supervision)

• Decentralization

• Devolution is the act by which the national government confers power and authority upon its various local government units to perform specific functions and responsibilities (Sec. 12 (a), LGC)

•Deconcentration is the distribution of requisite and necessary authority and power to the appropriate regional or field office whosemajor functions are not devolved to local government units (Se c. 528,LGC).


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Bases for Local Governance

• The 1987 Phil. Constitutionmandated the enactment of a localgovernment code which provides, inter alia, for:• A more responsive and accountable local government structure;

• A system of decentralization with effective mechanisms of recall,initiative, and referendum;

• The allocation among the different local government units of their powers, responsibilities, and resources;

• The appointment and removal, term of office, and salaries of local government officials;

• The powers and functions and duties of local officials; and

• All other matters relating to the organization and operation of thelocal government units (Art. X, Sec. 3)

• Congress of the Philippines enacted into law Republic ActNumbered 7160, otherwise known as the Local GovernmentCode of 1991• stipulates the nature, scope and extent of corporate powers of LGUs


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2. NATURE AND HISTORY OF LOCAL

GOVERNMENT IN THE PHILIPPINES


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Nature and Rationale for Local

Government • Local governments and municipal corporations have dual

nature: governmental or public and proprietary.

• Public character : LGs serve as instrumentalities of the State in

carrying out the functions of the government.

• Proprietary: LGs act as agencies of the community in the

administration of local affairs.

• act as business corporations and as se parate entities for the

furtherance of their own interests and not as subdivisions or units of

the State (Lidasan vs. COMELEC, 1967).

• As private corporate entities, local governments manage public

utilities

• Local governments constitute the foundation of the entirestructure of the government


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Nature and Rationale for Local

Government • The following five (5) basic services are devolved to the LGU’s by the

Local Government Code:• Health

• Agriculture

• Maintenance of public works and highways

• Environmental protection

• Social Welfare

• Apparent issues & Challenges in devolution

• lack of financial decentralization, greatly hampers efforts at operationalizing a meaningful devolution in the country (e.g. LGUs inthe Philippines being forced to absorb personnel devolved by thenational Government to them without the accompanying financial resources)

• The massive devolution of powers to local governments nec essitatescapacity building for local governance


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Local Governments as Political and

Territorial Subdivisions• By nature, local governments are subordinate entities, having

no inherent powers BUT they have legal authority to exercise

their powers

• Local governments are political subdivisions of a nation or

state (United Nations Division for Public Administration)

• Local governments are geographic subdivisions; or restricted

geographic areas, dealing with those matters which concern

the people living in a particular locality ( International Union

of Local Authorities)

• Two important elements:

• presence of a higher authority

• territorial boundary


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Historical Development of Local

Government in the Philippines• Before the arrival of Arab traders, scholars and the Spaniards in the

sixteenth century, everything was local

• Filipinos established an indigenous and autonomous political institutionknown as the barangay , which was composed of some thirty to onehundred households. Some of these small-scale political units were clustered together, but most of them had not attained a level of political organizationabove and beyond the kinship principle (Morada & Tadem)

• Spanish Period

• Spanish colonizers introduced a centralized system with the Spanishgovernor-general as the supreme authority in all matters with the sub-national officials acting as his agents (Morada & Tadem)

• The barangay (renamed as barrio) remained as basicadministrative units but other ties of local government were added: the

pueblos (municipalities), cabildos (cities), and provincias (provinces)

• The Maura Law of 1893 sought reforms in the local government system by grantinggreater local autonomy to towns and provinces in Luzon and Visayasand by allowinglocal citizens to select some of their officials


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Government in the Philippines• Spanish Period; impacts on the development of local government

•

indigenous activities were supplanted by putting in place analien system of local government

• a high degree of centralization in the capital of Manila in Luzon cameto characterize national-local relations for another century after the Spanish colonization

• divide-and-rule policy of Spanish colonizers their concentration of all political activities in Manila and the ensuing neglect of the other regions outside Manila, and the curtailment of many elements of internal trade strengthened regionalism and the other regions’ contempt for the center

• at the end of Spanish rule, there were still areas in the Philippinesthat considered themselves not part of the emergingnationat all which was because the Spaniards were unsuccessful inconsolidating all the islands under their control.

• The Spanish period left local elite that would continue to play important roles in the decades ahead (Tapales)


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Government in the Philippines• Malolos Constitution

• Officials were elected on a popular basis and decentralization and administrative autonomy were among the rallying cries of the period

(Brillantes, 1999)• provided for the creation of municipal and provincial assemblies,

autonomous local units, and popular and direct elections ( Morada &Tadem)

• American Occupation

• organization of municipal and provincial councilsbased on general suffrage

• Pronouncements indicative of the thrust towards local autonomy included the Instructions of President McKinley to the Taft Commission; the incorporation of the City of Manila (Act 183 of thePhilippine Commission in 1902); the establishment of the MoroProvince (Act 787 in 1903); the organization of provincial governments (Act 1396 in 1905); and the extension of popular control


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Government in the Philippines• Commonwealth Period

• local government in the Philippines was placed under the general supervision of the President as provided for under Article VII Section II of the 1935 Constitution

• the 1935 Constitution had no separate article on local governments: state-controlbias

• Post-Japanese period

• RA 2264 (An Act Amending the Laws Governing Local Governments by Increasingtheir Autonomy and Reorganizing Provincial Governments) enacted in 1959 vested in city and municipal governments greater fiscal, planning and regulatory powers. It broadened the taxing powers of the cities and municipalities within the framework of national taxing laws

• Barrio Charter Act (RA 2370) sought to transform the barrios into quasi-municipal corporations by vesting them some taxing powers. Barrios were to be governed by an elective barrio council

• The "Decentralization Act of 1967" (RA 5185) further increased the financial resources of local government and broadenedtheir decision-making powers over administrative (mostly fiscal and personnel) matters

•


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Government in the Philippines• Martial Law

• The imposition of martial law in 1972 abolished local elections and vested in the dictator the powers to appoint officials

• 1973 Constitution:

• guarantee and promote autonomy of local government units, especially

the barrio, to ensure their fullest development as self-reliant communities

• Each local government unit shall have the power to create its

own sources of revenue and to levy taxes subject to limitations as may be

provided by law

• The President continued to exercise supervision and control over the

local governments

• Local Government Code of 1983 (Batas Pambansa Bilang 337)

reiterated the policy of the State to guarantee and promote the

autonomy of local government units


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Requisites for Creation, Abolition,

Merger and Division• The national government by law creates, merges or abolishes

LGUs, endows them with powers within their jurisdictions anddetermines national-local government units.

• While these local units may be created by law, the LGCmandates that the residents of the areas affected by thecreation should approve the measure in a plebiscite

• Criteria

• For the province:

• Land area: 2,000 sq. km. (to be certified by the LMB)

• Population: at least 250,000 (to be certified by the NSO)

• Income: at least 20 M (to be certified by the DOF) N o t f o r a t t r i b u t i o n / r e p r o d u c t i o n .

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Requisites for Creation, Abolition,

Merger and Division• For the component city:

• Land area: at least100 sq. km. (to be certified by the LMB)


• Income: at least 20 M (to be certified by the DOF)

• For the municipality

• Land area: at least 50 sq. km. (to be certified by the LMB)


• Income: at least 2.5 M (to be certified by the DOF)

• For the barangay

• The only criterion is population of at least 2,000; provided that

barangays in Metropolitan Manila should have a minimum

population of 5,000


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3. LEVELS AND STRUCTURE OF LOCAL

GOVERNMENT IN THE PHILIPPINES


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Structure of Local Government in

the Philippines

NationalGovernment

Provinces

Municipalities

Barangays

ComponentCities

Barangays

HUCs andICCs

Barangays


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Number of LGUs by Level

(as of June 30, 2010 )• Provinces: 80

• Cities: 122

• Highly Urbanized Cities (HUCs): 33

• Component Cities (CCs): 84

• Independent Component Cities (ICCs): 5

• Municipalities: 1,512

• Barangays: 42,025

• These political subdivisions enjoy autonomy but are under the

supervision of the President through the secretary of the DILG N o t f o r a t t r i b u t i o n / r e p r o d u c t i o n .

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City Classification

• Highly Urbanized Cities - Cities with a minimum population of twohundred thousand (200,000) inhabitants, as certified by the NationalStatistics Office, and with the latest annual income of at least FiftyMillion Pesos (P50,000,000.00) based on 1991 constant prices, ascertified by the city treasurer (e.g. Metro Manila cities, Cebu,Mandaue and Davao).

• Independent Component Cities - Cities whose charters prohibittheir voters from voting for provincial elective officials. Independentcomponent cities are independent of the province. (Naga, Santiago[Isabela], Ormoc [Leyte], Cotabato City [Maguindanao], Dagupan[Pangasinan].

• Component Cities - Cities which do not meet the aboverequirements are considered component cities of the province inwhich they are geographically located. If a component city is locatedwithin the boundaries of two (2) or more provinces, such city shallbe considered a component of the province of which it used to be amunicipality (e.g. San Fernando, Alaminos, Tarlac, Dipolog)


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Administrative and Autonomous

Regions• The creation of autonomous regions for the Cordilleras and Muslim

Mindanao and the adoption of their respective Organic Acts by thePhilippine Congress speaks well of the State’s recognition of the

rights and welfare of the indigenous cultural communities asmandated by the PH Constitution under Art. II, Sec. 22 (Buendia,1991)

• Administrative regions are different from autonomous regions. Theformer are created mainly for regionalizing government operationsand do not possess a separate local government

• The Autonomous Region in Muslim Mindanao is the onlyautonomous region in the Philippines which has an elected regionalassembly and governor

• The Cordillera Administrative Region was originally intended to beautonomous but was reduced to a regular administrative region dueto failure of plebiscite


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Administrative and Autonomous

Regions• At present, the PH is divided into 17 regions

• National Capital Region (NCR; Metro Manila)

• Cordillera Administrative Region (CAR)

• Ilocos Region (Region I)

• Cagayan Valley (Region II)

• Central Luzon (Region III)

• CALABARZON (Region IV-A)

• MIMAROPA (Region IV-B)

• Bicol Region (Region V)

• Western Visayas (Region VI)

• Central Visayas (Region VII)

• Eastern Visayas (Region VIII)

• Zamboanga Peninsula (Region IX)

• Northern Mindanao (Region X)

• Davao Region (Region XI)• SOCCSKSARGEN (Region XII)

• Caraga Region (Region XIII)

• Autonomous Region in Muslim Mindanao (ARMM)


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Cordillera Administrative

Region• Executive Order No. 20, s. 1987 : created the Cordillera Administrative Region

which paved the way for the creation of the Cordillera Executive Board and the

Cordillera Regional Assembly• Republic Act No. 6658 (1988) created the Cordillera Regional Consultative

Commission tasked to assist the Philippine Congress in drafting the Organic Actof the Cordillera Autonomous Region as mandated by Art. X, Secs. 15-21 of theConstitution

• On 23 December 1988 (within the 150-day limit), the CRCC was able to come outwith a draft charter

• The draft became highly controversial with some sectors rejecting it for its failureto represent the true aspirations, sentiments, and interests of the Cordillerans

• On 23 October 1989, Republic Act No. 6766 was signed into law

• On 30 January 1990, the Organic Act for the CAR was submitted for approval tothe voters of the provinces of Benguet, Mt. Province, Ifugao, Abra and Kalinga-Apayao and the City of Baguio. It was only approved in the province of Ifugao

• The Supreme Court in 1990 sustained the rejection of the Congress-draftedOrganic Act and ruled that the province of Ifugao alone cannot make up the CAR


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Autonomous Region in Muslim

Mindanao (ARMM)• In February 1973, the Mindanao problem escalated into an armed conflict, involving the

Moro National Liberation Front (MNLF ) and the Armed Forces of the Philippines (AFP)

• On July 7, 1975, President Marcos signed Presidential Decree No. 742 and Letter of Instruction 290 creating Western and Central Mindanao regions in Mindanao andestablishing the Office of the Regional Commissioner in both regions. HOWEVER, the

military and the MNLF persisted with their armed conflicts• The intervention of the OIC lead to the signing fo the Tripoli Agreement between the

Philippine Gover nment and the MNLF in Tripoli, Libya on December 23, 1 976

• President Marcos, on March 25, 1977, signed Presidential Proclamation No. 1628 formingan autonomous region in Southern Philippines. T he people, however, opted to retain theoriginal political subdivisions of Western and Central Mindanao regions in a referendum – plebiscite on April 17, 1977.

• On July 25, 1979, Batas Pambansa No. 20 was enacted creating the Regional AutonomousGovernment in Western and Central Mindanao regions

• The Cory Aquino government sought the creation of the Autonomous Region in Mindanao(ARMM) by providing the 1987 Philippine Constitutio n and directly ordered to convene theAd hoc Council of the Regional Consultative Council, the body tasked to draft the OrganicAct that would serve as the operations manual of the ARMM

• The Organic Act was signed into law, as Republic Act 6734, by President Aquino on August1, 1989 and a plebiscite was conducted in the proposed area of the ARMM on November17, 1989. Of the 13 proposed provinces, only four; Maguindanao, Lanao del Sur, Sulu andTawi-Tawi joined the ARMM


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Mindanao (ARMM)• The ratification of Republic Act

#9054, an act to strengthen andexpand the Organic Act for theARMM amending for thepurpose. RA no. 6734, entitled“An Act Providing for theARMM” as ameded inSeptember 2001 plebiscitepaved the way for theexpansion of the AutonomousRegion in Muslim Mindanao toinclude the Province of Basilanand City of Marawi

• The new expanded ARMM isheaded by one (1) RegionalGovernor, one (1) Regional ViceGovernor and twenty four (24)

representatives of RegionalLegislative Assemblyrepresenting the eaight districtsof the five provinces and onecity of the region


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http://www.armm.gov.ph/images/stories/ARMM_BASIC_INFO/ARMM%20Situationer%202010_03.jpg


Mindanao (ARMM)• The ARMM shall be governed and administered in accordance

with:• The laws enacted by the Regional Legislative Assembly; and

• Republic Act No. 9054. (Art. III, Sec 1)

• The Regional Government shall exercise those powers andfunctions expressly granted to it by Republic Act No. 9054, ornecessary for or incidental to the proper governance anddevelopment of all the constituent units within theautonomous region (Art. IV, Sec. 1)

• The exercise of the powers and functions of the RegionalGovernment shall be:

• Subject to the provisions of the Constitution; and

• Consistent with the policy on regional and local autonomy and decentralization (Art. IV, Sec. 1)


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Mindanao (ARMM)• The Regional Legislative Assembly cannot exercise its legislative power on the following

matters:• Foreign affairs;

• National defense and security;

• Postal service;

• Coinage and fiscal and monetary policies;• Administration of justice; it may, however legislate on matters covered by theShari’ah. The

Shari’ah shall apply only to Muslims. Its application shall be limited by pertinent constitutional provisions, particularly by the prohibition against cruel and unusual punishment and by pertinent national legislation that promotes human rights and the universally accepted legal principles and precepts.

• Quarantine;

• Customs and tariff;

• Citizenship;

• Naturalization, immigration and deportation;

• General auditing;

• National elections;

• Maritime, land and air transportation, and communications. The autonomous government shall, however, have the power to grant franchises, licenses and permits to land, sea and air transportation plying routes in the provinces or cities within the region, and communications

facilities whose frequencies are confined to and whose main offices are located within theautonomous region;

• Patents, trademarks, trade names, and copyrights; and

• Foreign trade. (Art. IV, Sec. 3)


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Mindanao (ARMM)• The executive power of the autonomous region:

• The Regional Governor is the chief executive of the Regional

Government. He/she shall be assisted by a cabinet not exceeding

10 members, at least six of whom shall come from indigenous

cultural communities. (Art. VII, Sec. 2)

• The Regional Governor shall appoint three deputies, each

representing the Christians, indigenous cultural communities and

the Muslims in the region. (Art. VII, Sec. 6)

• The Executive Council advises the Regional Governor on matters

of regional governance. The Regional Governor, the Regional Vice-

Governor, and the three Deputy Regional Governors compose the

executive council of the autonomous government. (Art VII, Sec. 6)


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Mindanao (ARMM)• Administration of justice:

• The Regional Legislative Assembly of the autonomous region shall provide for the establishment of Shari’ah Courts. Shari’ah Courts

existing as of the date of the approval of RA 9054 shall continue

to discharge their duties (Art. VIII, Sec. 5)

• The Regional Legislative Assembly, in consultation with the

Supreme Court and consistent with the Constitution, may

formulate aShari’ah legal system , including the criminal cases.

(Article III, Sec. 5)

• The Shari’ah legal system shall be applicable only to Muslims or

those who profess the Islamic faith. (Art. III, Sec. 5)

• The Shari’ah courts shall have jurisdiction over cases involving

personal, family and property relations, and commercial

transactions, in addition to their jurisdiction over criminal cases

involving Muslims.


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Mindanao (ARMM)


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Mindanao (ARMM)


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Mindanao (ARMM)


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Mindanao (ARMM)


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Mindanao (ARMM)


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Mindanao (ARMM)


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