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LOCAL GOVERNMENT

ADMINISTRATION

A.Y. 2020-2021

ALFREDO D. BISCOCHO, Ph.D


 Our topic primarily deals with the manner our local
leaders govern and manage our localities and at the same
time how the local constituents take or adopt the results
of the way local leaders run the government – good
governance and its origin.
 Because of the importance of the tasks new or neophyte
local leaders are given series of lectures and seminars to
be able to function more effectively.
 Some local leaders are contented with doing the
minimum or the very least that they already feel fulfilled
in being called gov. board, mayor, councilor, Kap
 They oftentimes think that their job is only to report to
their office, be seen in community activities and
programs, to second every motion and not being able to
care for the tasks or chairmanship they are assigned to.
Interestingly, and we should be happy for the fact that some local
leaders walk extra mile like:

 designing several responses for victims of pandemic –


building quarantine and rehabilitation areas
 Establishing well organized testing programs

 Maintaining livelihood programs like organic farming,


food sufficiency common barangay vegetable gardens
 Focusing on health programs by strengthening BHW,
disaster preparedness, education and several others
DELIVERING GOOD GOVERNANCE IN LOCAL GOVERNMENT

Core principles of good governance:


 Focusing on the purpose of the authority and on outcomes for the
community and creating and implementing a vision for the local
area.
 Members and Officers working together to achieve a common
purpose with clearly defined function and roles.
 Promoting values for the authority and demonstrating the values of
good governance through upholding high standards of conduct and
behavior.
 Taking informed and transparent decisions which are subject to
effective scrutiny and managing risks.
 Developing the capacity and capability of Members and Officers to
be effective.
 Engaging with local people and other stakeholders to ensure robust
public accountability.
 In an effort to maintain good governance,
Administrative Order No. 23 Series of 1992
“prescribes the rules and procedures on the
investigation of administrative disciplinary cases
against elective local officials of provinces, highly
urbanized cities, independent component cities,
component cities, and cities and municipalities in
metropolitan Manila.
CONDONATION
 From July 2013 to December 2014, more than 100 cases
filed by the Ombudsman were dismissed because the
officials in question invoked the condonation doctrine
 It is a principle that many other elected officials had
invoked since 1959. Under the doctrine, the
administrative offenses of an elected official are already
deemed forgiven when the public decides to re-elect him
or her for another term.
BASIS OF LOCAL GOVERNMENT
ADMINISTRATION
Article X – 1987 Philippine Constitution:
LOCAL GOVERNMENT

 SECTION 1. The territorial and political subdivisions of


the Republic of the Philippines are the provinces, cities,
municipalities, and barangays. There shall be
autonomous regions in Muslim Mindanao and the
Cordilleras as hereinafter provided.
SECTION 2. The territorial and political subdivisions shall enjoy
local autonomy.
 Autonomy comes from the Greek word auto which means “self” and
nomos which means “law”, it nominally means “to live under one’s
own laws”
 It is a form of decentralization which allows local governments to
set up their own rules for those things happening within their
confines, that is: 1) the municipality can make laws that are in
accordance to the direction or guidelines set by the national
government; 2) the municipality may make laws as long as the
national/central government has not prohibited them from making
such laws. They are empowered to make up their own rules to
accomplish their approved objectives.
 Local autonomy is the most significant indicator of good
governance. With the passing of the Local Government Code, some
powers on the central government are devolved to the Local
Government Units. National government devolved basic service
delivery functions to LGU, putting them in a better position to
address local poverty and other concerns.
 SECTION 3. The Congress shall enact a local government
code which shall provide for a more responsive and
accountable local government structure instituted through a
system of decentralization with effective mechanisms of
recall, initiative, and referendum, allocate among the
different local government units their powers,
responsibilities, and resources, and provide for the
qualifications, election, appointment and removal, term,
salaries, powers and functions and duties of local officials,
and all other matters relating to the organization and
operation of the local units.
 SECTION 4. The President of the Philippines shall exercise
general supervision over local governments. Provinces with
respect to component cities and municipalities, and cities and
municipalities with respect to component barangays shall
ensure that the acts of their component units are within the
scope of their prescribed powers and functions.
 The Local Government Code of the Philippines, known
and cited as the “Local Government Code of 1991”, took
effect on January 1, took effect on January 1, 1992.
Dubbed as the Bible of local governance, Republic Act
7160 was signed to fulfill state policy, as enshrined in the
1987 Philippine Constitution, to decentralize governance
and allow autonomy for local government units (LGUs).
The Local Government Code of 1991 (LGC) consists of 536
sections divided into four books, that is:
 Book I – General Provisions. It contains policy statements,
principles, processes, and mechanisms for effective local
governance.
 Book II – Resource Generation and Mobilization. It covers
the taxing and other revenue raising powers and the
corresponding administrative structures and processes
necessary in the exercise of local government powers.
 Book III – Local Government Units. It details the local
government structure and the powers and duties of elective
and appointive local officials.
 BOOK IV – contains the transitory provisions that will affect
the smooth implementation of the LGC.
 SECTION 5. Each local government unit shall have the
power to create its own sources of revenues and to levy
taxes, fees, and charges subject to such guidelines and
limitations as the Congress may provide, consistent with
the basic policy of local autonomy. Such taxes, fees, and
charges shall accrue exclusively to the local governments.
 SECTION 6. Local government units shall have a just
share, as determined by law, in the national taxes which
shall be automatically released to them.
 SECTION 7. Local governments shall be entitled to an
equitable share in the proceeds of the utilization and
development of the national wealth within their respective
areas, in the manner provided by law, including sharing
the same with the inhabitants by way of direct benefits.
 Officially local government in the Philippines, often
called local government units or LGUs, are divided
into three levels – provinces and independent cities;
component cities and municipalities; and barangays. In
one area, above provinces and independent cities, is an 
autonomous region, the 
Autonomous Region of Muslim Mindanao. Below
barangays in some cities and municipalities are sitios
 and puroks. All of these, with the exception of sitios and
puroks, elect their own executives and legislatures. Sitios
and puroks are often led by elected barangay councilors.
 All these (provinces, cities and municipalities, and
barangays) elect their own legislatures and executives
and are called collectively "local government units" or
LGUs. There is also a single autonomous region, the 
Autonomous Region of Muslim Mindanao (ARMM),
which is composed of provinces and independent cities
and has its own elected government.
 Autonomous Regions
Autonomous regions have more powers than other local
governments. The constitution limits the creation of
autonomous regions to Muslim Mindanao and the Cordilleras
 but only one autonomous region exists: the 
Autonomous Region in Muslim Mindanao (ARMM).
An autonomous region is governed by the regional governor
and a legislature such as the 
ARMM Regional Legislative Assembly.
 
 Provinces
Outside the lone autonomous region, the provinces are the
highest-level local government. The provinces are organized
from component cities and municipalities. A province is
governed by the governor and a legislature known as the 
Sangguniang Panlalawigan.
Cities and municipalities

 Municipal government in the Philippines is divided into


three – independent cities, component cities, and
municipalities (sometimes referred to as towns). Several
cities across the country are "independent cities" which
means that they are not governed by a province, even
though like Iloilo City the provincial capitol might be in
the city. Independent city residents do not vote for nor
hold provincial offices. Far more cities are component
cities and are a part of a province. Municipalities are
generally part of a province.
Barangays

 Every city and municipality in the Philippines is divided


into barangays, the smallest of the Local Government
Units. Barangays can be further divided into sitios and 
puroks but those divisions do not have leaders elected in
formal elections supervised by the national government.
 A barangay's executive is the Punong Barangay or
barangay captain and its legislature is the Sangguniang
Barangay, composed of barangay captain, the Barangay
Kagawads (barangay councilors) and the SK chairman.
The SK chairman also leads a separate assembly for
youth, the Sangguniang Kabataan or SK.
Offices
 Local governments have two branches: executive and 
legislative. All courts in the Philippines are under the 
Supreme Court of the Philippines and therefore there are
no local-government controlled judicial branches. Nor
do local governments have any prosecutors or 
public defenders, as those are under the jurisdiction of
the national government.
 The executive branch is composed of the regional
governor for the 
Autonomous Region in Muslim Mindanao, governor for
the provinces, mayor for the cities and municipalities,
and the barangay captain for the barangays.[2]
Legislatures
 The legislatures review the ordinances and resolutions
 enacted by the legislatures below. Aside from regular
and ex-officiomembers, the legislatures above the
barangay level also have three sectoral representatives,
one each from women, agricultural or industrial workers,
and other sectors.
Offices that are common to municipalities, cities and
provinces.

There are 21 offices in a government, whether it is


municipal, city or provincial. There are some mandatory
and optional offices to the government.

 √ - Mandatory
 ? - Optional

 X - Not Applicable

 Source: Local Government Code of 1991


Creation and modification of local governments.
 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.[2] The Local Government Code has also
set requisites for creating local government units.  A
summary can be found in the table below:
Local Area Population Income Legislative bodies that can
create, merge, abolish or
government substantially alter the
boundaries of the LGU

P20 million for the last


2,000 square two (2) consecutive
Province kilometers*
250,000* years based on 1991  Congress
constant prices

P100 million for the


last two (2)
100 square
City
kilometers*
150,000* consecutive years  Congress
based on 2000
constant prices[9]

P2.5 million for the


last two (2)  Congress
50 square
Municipality 25,000 consecutive years  ARMM Regional
kilometers based on 1991 Assembly
constant prices
 Congress
 ARMM Regional Assembly
5,000 (Metro Manila and
 Sangguniang Panlalawigan,
highly urbanized cities)
Barangay None 2,000 (rest of the None with recommendation from
the concerned Sangguniang
country)
Bayan(s) required
 Sangguniang Panlungsod
 The ARMM Regional Assembly was conferred by
Congress (through Article VI, Section 19 of Republic
Act 9054) the power to create or modify lower-level
LGUs under its jurisdiction, including provinces and
cities.
SALIENT FEATURES OF LOCAL
GOVERNMENT CODE
 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.
 Local government units shall, in addition to the internal revenue allotment,
have a share of forty percent (40%) of the gross collection derived by the
national government from the preceding fiscal year from mining taxes,
royalties, forestry and fishery charges, and such other taxes, fees, or
charges, including related surcharges, interests, or fines, and from its share
in any co-production, joint venture or production sharing agreement in the
utilization and development of the national wealth within their
territorial jurisdiction
 Every local government unit shall design and implement its own
organizational structure and staffing pattern taking into consideration its
service requirements and financial capability, subject to the minimum
standards and guidelines prescribed by the Civil Service Commission.
 The Sangguniang Bayan, as the legislative body of the
municipality, shall enact ordinances, approve resolutions and
appropriate funds for the general welfare of the municipality and its
inhabitants pursuant to section 16 of this Code and in the proper
exercise of the corporate powers of the municipality.
 Review all ordinances approved by the Sangguniang Barangay and
executive orders issued by the Punong Barangay to determine whether
these are within the scope of the prescribed powers of the sanggunian
and of the Punong Barangay.
 Subject to the provisions of this Code and pertinent laws, determine
the powers and duties of officials and employees of the municipality.
 Local government units shall, in addition to the internal revenue
allotment, have a share of forty percent (40%) of the gross collection
derived by the national government from the preceding fiscal year
from mining taxes, royalties, forestry and fishery charges, and such
other taxes, fees, or charges, including related surcharges, interests, or
fines, and from its share in any co-production, joint venture or
production sharing agreement in the utilization and development of
the national wealth within their territorial jurisdiction.
 SOURCES OF REVENUE
Locally Generated
· Real Property Taxes
· Business Taxes
· Other Local Taxes
· Regulatory Fees
· Operation of Local Economic Enterprises
· Tolls and Users Charges
Other Sources
· Sales/Lease of Assets
· Credits
· BOT-BT Scheme
National Government
· Internal Revenue Allotment
· Share from taxes, fees and charges collected form the
development and utilization of national wealth
· Other grants and Subsidies
· Debt Relief Program
 Local Government Units may enter into joint ventures
and such other cooperative arrangements with people's
and nongovernmental organizations to engage in the
delivery of certain basic services, capability-building and
livelihood projects, and to develop local enterprises
designed to improve productivity and income, diversify
agriculture, spur rural industrialization, promote
ecological balance, and enhance the economic and social
well-being of the people.
Linkages with People's and Non-Governmental
Organizations. 
Section 35 of the LGC of 1991
Other social services and facilities that local government should
provide, as stipulated in Section 17 of the Local Government Code,
are the following:

 facilities and research services for agriculture and fishery activities,


which include seedling nurseries, demonstration farms, and
irrigation systems;
 health services, which include access to primary health care,
maternal and child care, and medicines, medical supplies and
equipment;
 social welfare services, which include programs and projects for
women, children, elderly, and persons with disabilities, as well as
vagrants, beggars, street children, juvenile delinquents, and victims
of drug abuse;
 information services, which include job placement
information systems and a public library;
 a solid waste disposal system or environmental management
system;
 municipal/city/provincial buildings, cultural centers, public
parks, playgrounds, and sports facilities and equipment;
 infrastructure facilities such as roads, bridges, school
buildings, health clinics, fish ports, water supply systems,
seawalls, dikes, drainage and sewerage, and traffic signals
and road signs;
 public markets, slaughterhouses, and other local enterprises;

 public cemetery;

 tourism facilities and other tourist attractions; and

 sites for police and fire stations and substations and


municipal jail.
CONCEPTS OF FEDERALISM
 It is a system based upon democratic rules and institutions
in which the power to govern is shared between national
and provincial/state governments.
 A type of government in which the power is divided
between the national government and other governmental
units.
 In federal system, political power is shared by each and
every entity, and the sum creates the Federal government.
The system that diametrically opposes a federation is
centralism, which is based on the concentration of power.
 It is a kind of management technique for governing a nation.
It works by granting some measures of autonomy and
defined independence to political sub-units of the nations.
 The main idea of federalism consists in the territorial
division of a country’s structure in a way in which every
entity or federation maintains a degree of political
autonomy to sustain power equilibrium among the
aforementioned entities and the state.
 Federations are therefore able to create and enforce a
substantial part of their own legislation, and by doing so
focus on the need of their inhabitants.
 Every country in the world claiming to have a form of
federalism has its own variety of policies they believe
applies the concept. The problem is in the details. On
close examination of federal forms of government, you
will discover the dark side of its application.
 Rather than using federalism for better governing of
ethnic diversities, there are nations using federalism as a
technique of population control. The leaders call
federalism a method for “separation of powers” and a
method of “checks and balances”. That all sounds good
in theory but the result is that federalism dilutes the
majority’ ability to control central government.
Federalism constrains democracy in several ways:
 Adds complexity; difficult to know who is responsible
 States are isolated from national majorities

 Small states become national players and hold decisive


roles
 Small states hold blocking power against a majority

 State politics are less visible and popular participation is


low
 State politics are vulnerable to special interest groups

 It contributes to corruption because it is nearly


impossible to identify one person being at fault. When
there is a scam going on each person in the line of
command always gets away by blaming the other guy.
THANK YOU!

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