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Basic knowledge on Philippine Local Government

1. Local Government in the Philippines

2. Learning Objectives To be able to know the background, structure, and levels of local government of the Philippines

3. HISTORY OF PHILIPPINE LOCAL GOVERNMENT

4. Pre-Colonial Period BARANGAY Malay word which means sailboat e arliest form of government consist of 30 to 100 families u sually situated along a riverbank or the mouth of a river spilling out to the sea

5. Who rules the Barangay? DATU/RAHA/RAJAH p rime duty is to rule and govern his subjects, to promote their well-being the chief negotiator, legislator, and judge (in times of peace) supreme commander of the warriors (in times of conflict) not an absolute ruler his authority is limited by traditional body of customs and procedures (Renato Constantino , 1975)

6. How does the position obtained? by inheritance through display of his prowess and valor in battle by proving his leadership skills or other traits useful for the barangay’s survival if no heir, the people choose a new datu on the basis of his wisdom, wealth, and physical strenght if a man has a mystical ability ( babaylan ), he may be a candidate for community leadership

7. Political Lens of the Archipelago There was no national or central government. There was no datu strong enough to consolidate considerable power and to unite the archipelago into one nation. Women’s rights and abilities were recognized during the Pre-Spanish times. The people of the barangay choose a man to become the new chieftain on the basis of his wisdom, wealth, and physical strength.

8. Spanish Period (1521-1898) Lack of unity among the warring barangays made conquest easier for the Spaniards Gradually , the datus were shorn of their powers The Spaniards organized pueblos (municipalities), c abildos (cities), and provincias (provinces).

9. Spanish Period (1521-1898)

10. Spanish Conquest and Centralism The provinces were established “for the convenience of administration and constituted the immediate agencies through which the central government could extend its authority on numerous villages.” In place of the barangays, barrios were established, and the datus were made into cabezas de barangay whose only remaining function was the collection of taxes for the Spanish government . There was a fundamental transformation of a datu , from a community leader to a servant of the town’s parish priest and constabulary officer

11. Local Governments during the First Philippine Republic The importance of local governments was recognized by Gen. Emilio Aguinaldo and Apolinario Mabini in their program of government for the First Philippine Republic . Fillipino leaders knew that “if a strong and enduring Filipino nation was to be established, it must be able to maintain itself in all emergencies, and the whole political fabric must be well founded on an efficient system of local governments” . The Malolos Constitution provided a separate article on local government (Title XI, Article 82). Local autonomy was made explicit in the introductory portion which stipulated that “the organization and powers of the provincial and municipal assemblies shall be governed by their respective laws.”

12. Local Governments during the American Regime The Filipino ruling elite immediately and willingly collaborated with the Americans to preserve their local power. Their child-like acceptance of the new colonizer’s ideas of modernity and statehood proved to be the start of political dynasties. The operation of Filipino National Politics had its origins in the municipal and provincial elections of 1901-1902. (Michael Cullinane )

13. Local Governments during the American Regime The Americans contributed very little, if at all, to the development of local autonomy. In fact, national-local relationship reverted to the strong centralism that characterized the Spanish colonial regime. .”The Commission’s blueprint for town organization provided or a President to be elected by residents of the town with the approval of the Commanding Officer. His duty consisted in the establishment of a police force, collection of taxes, enforcement of regulations on market and sanitation, establishment of schools, and the provision for lighting facilities.

14. The Commonwealth and Centralism The forms and patterns of local government during the American civil administration remained essentially the same during the Commonwealth period. The only notable changes were the transfer of central supervision from the Executive Bureau to the Department of Interior and the creation of more chartered cities. President Quezon, the central figure of the government during this period, even argued against autonomy in the cities, hinting that “under the unitary system of government which exists in the Philippines, the national chief executive does and should control all local offices.”

15. Local Governments under the Republic The national government was supreme and local governments were merely its political and administrative subdivisions. Most of the formal and real powers are vested and exercised by the national government. Local units, however, possessed a certain degree of autonomy .

16. Marcos Years (1972-1986) Ministry of Local Government was instituted to invigorate provincial, municipal, and barangay but, Marcos real purpose was to establish lines of authority that by passed provincial governments and ran straight to Malacañang All local officials were beholden to Marcos, who could appoint or remove any provincial governor or town mayor . Those administrators who delivered the votes Marcos asked for were rewarded with Community Development Funds (CDF) to spend any way they like .

17. Post People Power Revolution The Aquino Government replaced all the local officials who had served Marcos Political ally, Aquilino “Nene” Pimentel was tasked to name OIC of local governments all across the nation Local officials elected in 1988 were to serve until June 1992, under the transitory clauses of the new constitution. Thereafter , terms of office were to be 3 years , with a 3 term limit . On October 10, 1991, The Local Government Code 1991 (R.A.7160) was signed into law. This Code ordained an authentic and workable local autonomy through the devolution of certain powers from the national government to the local governments.

18. STRUCTURE OF LOCAL GOVERNMENT

19. What is LGU? 1. DUAL NATURE (Sec. 15, LGC) a.as a body politic (political subdivision of NG) b.as a corporate entity (represents the inhabitants of its territory) 2. DUAL FUNCTION a. Governmental-health, safety, and the advancement of the public good or welfare as affecting the public generally (an agency of the NG) b. Proprietary-when engage in corporate activities, it acts as an agent of the community in the administration of local affairs

20. FRAMEWORK 1. Local Autonomy-  is the exercise of certain basic powers, i.e. police power, power of eminent domain, and taxing power, by  local  government units so as to best serve the interest and promote the general well being of their inhabitants. 2. Decentralization - the transfer of authority from central to local government 3. Accountability - accountable  to the  local community for the way the local government officials behave in carrying out their  local government responsibilities . 4. Participative governance -refers to one of many public institutional strategies that contribute to shared visions in planning, budgeting, and monitoring of development policies and programs. These institutional strategies should involve citizens more directly to decision-making processes, without disregarding representational democracy

21. 3 Inherent Power of the State are exercised by LGU 1. Police Power- the power vested in the legislature by the Constitution to make, ordain, establish all manner of wholesome and reasonable laws for the good and welfare of the State and its people. 2. Eminent Domain - the right or power of the sovereign state to appropriate private property within the territorial sovereignty for public purpose. 3. Taxing Power - the power to create its own sources of revenues and to levy taxes, fees, and charges subject to limitations as congress may provide, consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the local governments. [sec 5, article x, 1987 constitution]

22. Sources of Revenues of LGU Local taxes, fees, and charges Share in the national internal revenue taxes (40%) Share in the proceeds of the utilization and development of the national wealth within their respective areas (40% gross collections) Share from any government agency or owned or controlled corporations (1% of gross sales, 40% royalties) Other sources or revenue which the LGUs may legitimately make use either in their public or governmental capacity or private or proprietary capacity

23. Levels of Local Government 1. AUTONOMOUS REGIONS a. Autonomous Region in Muslim Mindanao (ARMM) created by the virtue of RA 6734 (An Act Providing for the ARMM expanded by the virtue of RA 9054 ( An Act to Strengthen and Expand the Organic Act for the ARMM) Is the region, located in the Mindanao island group of the Philippines, that is composed of predominantly Muslim provinces, namely: Basilan (except Isabela City), Lanao del Sur, Maguindanao , Sulu and Tawi-Tawi . It is the only region that has its own government. The regional capital is at Cotabato City, although this city is outside of its jurisdiction . The executive is the Regional Governor, it has its own Regional Legislative Assembly lead by the Speaker (24 seats)

24. ARMM powers and basic principles RA 9054 provides that ARMM "shall remain an integral and inseparable part of the national territory of the Republic." The President exercises general supervision over the Regional Governor. The Regional Government has the power to create its own sources of revenues and to levy taxes, fees, and charges, subject to Constitutional provisions and the provisions of RA 9054. The Shariah applies only to Muslims; its applications are limited by pertinent constitutional provisions(prohibition against cruel and unusual punishment).

25. ARMM INTER-GOVERNMENTAL RELATIONS Supervision of LGUs in ARMM is under the DILG-Central Office by virtue of Administrative Order No. 273 signed by PGMA in 2009 contrary to the provision of the RA 9054 which belongs to the Regional Governor Representation of ARMM in the organs of the National Government

26. Levels of Local Government b. Cordillera Administrative Region (CAR) 6 provinces - Abra , Benguet , Mt. Province, Kalinga , Apayao , and Ifugao ) Created July 15, 1987, EO 220 (Pres. C. Aquino) Home to ethnic tribes commonly known as Igorot RA 6766 (1989 ) and on Jan. 29, 1990, autonomy failed except in Ifugao RA 8438 (1997) and a region wide referendum (March 7, 1998) also failed The reasons for rejection were thought to be fear of the unknown and campaigning for a no vote by mining companies that feared higher taxation. The SC voided CAR, saying that Congress never intended that a single province could constitute an AR.

27. A bill creating an autonomous Cordillera was filed in Congress in 2014 But it was not backed by strategic politicians in the region due to lack of support from the national government In 2017, all provincial congressmen within the CAR jointly filed a new Bill creating an autonomous Cordillera the first time in three decades where all provincial district representatives called in unison for autonomy. The move was made due to the election win of President Duterte , who publicly supported the creation of an autonomous Cordillera.

28. Levels of Local Government 2. PROVINCES highest level LG organized into component cities and municipalities governed by the governor and a legislature known as Sangguniang Panlalawigan there are 80 provinces at present, further subdivided into component cities and municipalities. .

29. SEC. 459. Role of the Province The province, composed of a cluster of municipalities, or municipalities and component cities, and as a political and corporate unit of government, serves as a dynamic mechanism for developmental processes and effective governance of local government units within its territorial jurisdiction

30. Levels of Local Government 3. CITIES AND MUNICIPALITIES A municipality (Filipino: bayan ; munisipalidad ) is a local government unit in the Philippines. Municipal government is divided into 3- 1. component cities-Cities which do not meet the above requirements are considered component cities of the province in which they are geographically located. If a component city is located within the boundaries of two (2) or more provinces such city shall be considered a component of the province of which it used to be a municipality. 2. independent cities-Cities whose charters prohibit their voters from voting for provincial elective officials. Independent component cities are independent of the province. There are five such cities: Dagupan , Cotabato , Naga,Ormoc and Santiago. 3. Municipalities (or towns) They have been granted corporate personality enabling them to enact local policies and laws, enforce them, and govern their jurisdictions. They can enter into contracts and other transactions through their elected and appointed officials and can tax. Cities and municipalities are governed by mayors and legislatures, which are called Sangguniang Panlungsod in cities and Sangguniang Bayan in municipalities.

31. SEC. 440. Role of the Municipality The municipality, consisting of a group of barangays, serves primarily as a general purpose government for the coordination and delivery of basic, regular and direct services and effective governance of the inhabitants within its territorial jurisdiction.

32. SEC. 448. Role of the City The city, consisting of more urbanized and developed barangays, serves as a general-purpose government for the coordination and delivery of basic, regular, and direct services and effective governance of the inhabitants within its territorial jurisdiction

33. Levels of Local Government 3. BARANGAYS every city and municipality is divided into barangays smallest of the LGU further divided into sitios and puroks A barangay’s executive is the punong barangay or barangay captain and its legislature is the Sangguniang Barangay (SB) the SB composition- brgy . captain, brgy . kagawad , SK Chairman Sangguniang Kabataan (SK) is a separate assembly for youth

34. SEC. 384. Role of the Barangay As the basic political unit, the barangay serves as the : the primary planning and implementing unit of government policies, plans, programs, projects, and activities in the community, and as a forum wherein the collective views of the people may be expressed, crystallized and considered, and where disputes may be amicably settled.

35. 2 Branches of Local Governments 2 Branches- 1. Executive 2. Legislative All courts are under the Supreme Court of the Philippines There are no local government controlled judicial branches. Local governments have no prosecutors or public defenders, as those are under the jurisdiction of the NG.

36. Classification The Local Government Code of 1991 (Republic Act No. 7160) classifies all cities into one of three categories: Highly Urbanized Cities - Cities with a minimum population of two hundred thousand (200,000) inhabitants, as certified by the National Statistics Office, and with the latest annual income of at least Fifty Million Pesos (P50,000,000.00) based on 1991constant prices, as certified by the city treasurer. There are currently 33 highly urbanized cities in the Philippines, 16 of them located in Metro Manila.

37. Income Classification Cities are classified according to average annual income based on the previous 3 calendar years. Effective July 28, 2008 the thresholds for the income classes for cities are : Class Average annual income First PHP 400 million or more Second PHP 320 million or more but less than PHP 400 million Third PHP 240 million or more but less than PHP 320 million Fourth PHP 160 million or more but less than PHP 240 million Fifth PHP 80 million or more but less than PHP 160 million Sixth below PHP 80 million

38. Classification Provinces Are classified according to average annual income based on the previous 3 calendar years. Effective July 28, 2008 the thresholds for the income classes for cities are Class Average annual income First ₱ 450 million or more Second ₱ 360 million or more but less than ₱ 450 million Third ₱ 270 million or more but less than ₱ 360 million Fourth ₱ 180 million or more but less than ₱ 270 million Fifth ₱ 90 million or more but less than ₱ 180 million Sixth below ₱ 90 million

39. QUIZ TIME Do you agree that the local government has an important role in peace and socio-economic development of the country? (150 words ) Prepared by : Cashmir G. Pangandaman Guest Lecturer CMO School CMO Regiment Philippine Army