The document discusses the structure and administration of local governments in the Philippines. It is divided into three levels - provinces and independent cities, component cities and municipalities, and barangays. Provinces are the highest local level and govern cities/municipalities. Cities/municipalities are divided into barangays, the smallest local unit. The Autonomous Region in Muslim Mindanao has more powers than other local governments.
The document discusses the structure and administration of local governments in the Philippines. It is divided into three levels - provinces and independent cities, component cities and municipalities, and barangays. Provinces are the highest local level and govern cities/municipalities. Cities/municipalities are divided into barangays, the smallest local unit. The Autonomous Region in Muslim Mindanao has more powers than other local governments.
The document discusses the structure and administration of local governments in the Philippines. It is divided into three levels - provinces and independent cities, component cities and municipalities, and barangays. Provinces are the highest local level and govern cities/municipalities. Cities/municipalities are divided into barangays, the smallest local unit. The Autonomous Region in Muslim Mindanao has more powers than other local governments.
The document discusses the structure and administration of local governments in the Philippines. It is divided into three levels - provinces and independent cities, component cities and municipalities, and barangays. Provinces are the highest local level and govern cities/municipalities. Cities/municipalities are divided into barangays, the smallest local unit. The Autonomous Region in Muslim Mindanao has more powers than other local governments.
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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!