LAW 154 LOCAL GOVERNMENTS ii.
publicity of sessions
DIGESTS & REVIEWERS
“The Evolution of Local Government in the Philippines” by de
Guzman, R., M.A. Reforma and E.M. Panganiban
“History and Evolution of Philippine Local Government and
Administration” by Tapales, P.
centralization :: unity of vision, comprehensiveness of planning, societal
coordination of effort, rational allocation of resources t o meet competing
needs & speed in policy decision-making
decentralization :: gen. of widespread initiative, effort and social
responsibility
DEPENDING ON
∙ WHO is responsible for promotion of development
∙ delineation or proper allocation of powers/functions in planning &
implementation of dev’t programmes and projects
∙ WON LGs have admin & fin. capability to cope with added
responsibilities
Pre-Spanish Period
∙ barangay :: only indigenous LGU (pre-Spanish)
└ roughly equivalent to Greek city-state
└ 30-100 households based on kinship
└ datu, rajah, gat, or hari BASED on inheritance, physical prowess,
courage, wealth, wisdom or virtue + babaylan (religious affairs;
doctor/astrologer) + panday (technology)
… sometimes  women :: Princess Urduja (Pangasinan)
+ council of elders (maginoos)
∙ tribal wars
∙ sultanates :: confederation of barangays
∙ most prominent :: Islamic sultanates of Sulu and Maguindanao ::
“suprabarangay political institutions”
∙ Arcellana :: barangays were states
└ aristocracy with monarchial tendencies; feudal states
Spanish Period
∙ barangays // barrios → reducciones → larger union :: pueblos
└ datus → cabezas de barangay; mere tax collectors
∙ systematic religious training
∙ encomiendas – Spanish officers as encomenderos
∙ 1st town :: ayuntamiento of Cebu (1565)
└ appointed regidor (Governor) and Council (2 alcaldes, 6 concejales
and 2 alguaciles/sheriffs)
∙ 2nd :: ayuntamiento of Manila (2 alcaldes, 12 regidores, 1 alguacil & 1
clerk) with Legaspi presiding over council; CAPITAL
∙ pueblos (municipalities)
└ governadorcillo (executive & judicial) → Capitan Municipal +
assessor and notary
└ electors ≤ 13
∙ cabildos (cities) :: municipal corporations set up in fairly urban areas
and given legislative authority
└ 2 ordinary alcaldes + 8 regidores (elderly men) + registrar +
constable
└ Alcalde Mayor presiding over province and provincial court
composed of assessor and notary
∙ indirect elections :: principalia selected fr local leaders + parish priest
∙ provincias (provinces) :: for convenience of administration
└ governors (alcalde mayores) appointed by the Sp. Governor-General
∙ Governor-General :: supreme authority in all local matters
∙ Only towards the end of Sp. regime was there any attempt to allow local
discretion in the governance of local affairs.
∙ Maura Law of 1893 :: Local citizens were allowed to select some of
their officers.
+ greater measure of local autonomy in Luzon and Visayas
+ junta provincial & municipal tribunal
Revolutionary Period
∙ Revolutionary Government of 1898 + Malolos Constitution of 1899
i. popular and direct election
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iii. publication of budgets, accounts and important ordinances
iv. intervention of the government/National Assembly to prevent
provincial and municipal corps. from exceeding their powers
v. determination of their powers in matters of taxes
∙ whenever a town was freed from Sp. domination:
∙ chief of town/jefe de pueblo + 3 officials (police and internal order +
justice and civil registry + taxes and property)
∙ military commander
∙ chief of town + headman of barrio + 3 officials = popular assembly
with chief of town as P, headman as VP and justice official as sec.
∙ different chiefs of towns would meet to elect chief of province + 3
councilors = provincial council
AND also the representatives of the provinces in the Revo. Congress
∙ municipal assemblies, provincial assemblies
∙ autonomous local units :: supervision/intervention fr central government
American Period
∙ Pres. McKinley :: “Instructions to the Phil. Commission” of Apr. 7,
1900
└ opp. to manage own local affairs + least supervision and control
└ never implemented:
i. lack of capable officials to assume discretion of local governments
ii. military struggles necessitated tight military control over local
areas
∙ town government :: 1st form of LG established
∙ Shurman Commission :: blueprint for town organization with P elected
viva voce by residents with consent of the Commanding Officer
∙ municipal council :: P and headman of barrios within the town
∙ police office force, tax collection and regulations on market and
sanitation, schools and lighting facilities
∙ renaming:
pueblo → municipality; cabildo → city :: MAYOR
provincia → province :: GOVERNOR
∙ barrio retained until Martial Law
∙ 1st local officials appointed by Phil. Commission → election
∙ Am. supervision centered on Executive Bureau of the Governor-
General’s Office
 Department of Interior
∙ ultimate control :: Manila
∙ Act No. 82 :: org of towns inc. Secretary, Treasurer and Chief of Police
∙ Act No. 83 :: org of provinces :: governor, treasurer, supervisor (later
superintendent) of schools
└ governor elected by the councilors
∙ 1907 :: popular election
∙ provincial governments as “supervisors” of municipalities
∙ hierarchy and centralization attuned to Phil. experience (ingrained &
convenient)
Commonwealth Period
∙ Philippine Commonwealth + 1935 Constitution
∙ P :: general supervision over all local governments
∙ significant changes:
i. transfer of financial supervisory authority fr Dept. of Interior to
Department of Finance
ii. abolition of Dept. of Interior in 1950 and transfer to Division of
Local Government in the Office of the President
// Office of Local Government and Civil Affairs under the Office
of the President according to Tapales BUT in 1949
∙ trend towards centralization due to P. Quezon’s strong leadership
└ appt of mayors in all cities created (1936-1950) and nationalization
of police service (1937)
└ delegating some powers of Congress to President inc. power to
define boundaries of LCs and to merge/divide/name/change seat of
government of local units
Third Republic (1946-1972)
∙ decentralization
∙ more autonomy through additional powers, less national control on local
affairs and Supreme Court’s narrower interpretation of the constitutional
power of the President to supervice LGs
∙ legislative enactments:
i. Barrio Charter (RA 2370), as amended:
barrio as legal entity with taxing and legislative powers to carry out
projects for the welfare of the barrio inhabitants
barrio officials elected
ii. Local Autonomy Act (RA 2264) :: extensive and broader powers to
LGs
authority TO impose license taxes or fees, TO appropriate funds for
purposes not stated by law
structure of the prov incial government
iii. Decentralization Act of 1967 (RA 5185)
∙ provinces and cities authorized to supp. national programmes in
rural and agricultural extension services
∙ removal of national approval over some local actions
∙ ↑ share of provs in internal revenue collection (pop & land area)
∙ appointment of some officials (inc. prov. assessor and agriculturist
formerly appointed by Pres. but later devolved to Governor)
iv. Omnibus Law on Cities :: uniformity in the governance of cities
∙ extent of control and supervision depending on executive style and
personality of whoever the President was
∙ Before Martial law, local chief execs. and members of local legislative
bodies were elected directly by the people every 4 years.
└ barrio captains, mun. and city mayors and governors
∙ Barrio Councils :: captain + councilmen
└ leg. power shared with Barrio Assembly
∙ municipal councils :: mayor, V-mayor and 6-8 councilmen
∙ city councils :: mayor not member; VM presiding
└ BUT city mayor had veto power over ordinances passed
∙ Manila (20 councilors) & QC (16 councilors); Cebu (council chairman);
Palayan & Trece Martires (provincial officials or ex-officio city
councilors)
∙ provincial boards :: governor, V-governor and 2-3 board members
∙ sources of revenue :: tax, leasing of public utilities, intergovernmental
revenue sources and miscellaneous sources (e.g. tuition fees and sale of
bonds)
Martial Law Period (Sept. 21, 1972, et seq)
∙ 1973 Constitution & Presidential power to legislate
└ define boundaries; suspend local elections; appointment of local
officials
∙ Integrated Reorganization Plan
└ regional delineation of 11 regions w/ regional center to house
deconcentrated agencies & Regional Development Councils AND
Department of Local Government and Community Development
 under it :: Bureau of Local Government & Bureu of
Community Development + Bureau of Cooperatives
Development
 crystallized under Martial Law
∙ radical change in structure and fuctions of LGUs
∙ renamed LGUs and used indigenous terms
barangay for barrio and sanggunian for council
∙ youth orgs :: Kabataang Barangay :: barangay youth chairman + 6
barangay youth leaders (15-18/21yo) & Kabataang Barangay Pampook
└ barangay youth chairman as ex-officio member of barangay council
& chairman of committee on sports and recreation activities of the
barangay council
∙ barangay youth assembly :: 15-18yo residents; barangay captain
exercising gen. supervision
∙ Katarungang Barangay (barangay justice)
∙ initially “citizen assemblies” → barangayz
∙ Sangguniang Bayan (members of councils, inc. VM and as many brgy.
capts and reps fr other sectors as # of members of councils appointed by
P or his DArep and P of Katipunan ng mga Kabataang Barangay)
└ ONLY per diems and reasonable allowances on reimbursement basis
└ ST approval of Sec. of Department of Local Government and
Community Development
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└ same powers as legislative councils
∙ Katipunan ng mga Barangay
∙ Katipunan ng mga Sanggunian :: members of Sangguniang Bayan,
elected by Association of Barangay Captains + respective sectoral
groupings AND former members of provincial boards and city and
municipal councils
∙ regional level :: Pampook na Katipunan ng mga Sanggunian
└ composed of all the members of the Sangguniang Panlalawigan
(provincial council) and Sangguniang Panlungsod (inc. presiding
officers)
∙ executive committee auth’d to act for Pampook na Katipunan ng mga
Sanggunian when not in session
└ all members of the Sangguniang Panlalawigan and Sangguniang
Panlungsod + presiding officers
∙ After the expn of tenure of office on Dec. 31, 1975 :: P assumed power
of appointment
∙ direct election of local officials with fixed term of office restored on
Jan. 30, 1980 :: governors and mayors;
with barangay officials, after ML lifted
… post-martial law
∙ financial self-sufficiency and local autonomy
∙ involving citizens by requiring their approval for creation/alteration of
LGUs & recall system
∙ local government code
∙ supervisory powers to higher LGUs over component units
∙ tendency towards greater political centralization
└ ex of leg. power to create/merge/abolish LGs
└ extent and scope of presidential power over local officials
└ integration of police, jail and fire services
└ centralization of regulatory powers over buildings and tourist-
oriented establishments
└ central direction in planning and implementation of dev’t
programmes and projects
└ proliferation of ministries/agencies supervising diff aspects of local
affairs
∙ decentralization
└ creation of regional governments
└ regional offices of diff. ministries
└ creation of regional development councils
└ adoption of integrated area development approach
└ delegation of authority fr central to field offices of line agencies
└ Metropolitan Manila Commission (4 cities :: Manila, QC,
Kalookan & Pasay + 13 municipalities :: Marikina, Pasig,
Mandaluyong, Muntinlupa, San Juan, Parañaque, Las Piñas, Taguig,
Pateros, Makati, Malabon, Navotas & Valenzuela)
… Imelda Marcos as Governor
… 20% of annual income of Metro local units
∙ Kilusang Bagong Lipunan (KBL) party
… new republic
∙ barangay election, conversion of Ministry of Local Government and
Community Development into Ministry of Local Government &
Ministry of Human Settlements + Ministry of Agriculture (took over
Bureau of Cooperatives Development)
∙ approval of LGC (BP 337) through Batasang Pambansa
└ provision of criteria for creation of LGUs based on income &
population
└ class’n of cities into highly urbanized and component cities
└ more effective structures and unified systems and procedures
∙ strengthening of admin & fiscal capabilities
∙ LGC :: principle of liberal interpretation of local government powers,
retains basic structure + recall of local officials
Aquino Government
∙ Freedom Constitution + Sec. of Local Government (Aquilino Pimentel
→ RA 7160 LGC)
└ officers-in-charge for 2 years
└ LGC :: decentralization of 5 basic services (health, agri, social
welfare, public works & env’t and natural resources + devolution +
regional offices of 5 dept’s expected to be phased out after 1y +
 sectoral representation of women, agriculral and industrial workers,
ethnic groups and urban poor)
∙ greater decentralization
∙ Policy Agenda:
i. strengthening of regional and local levels through the devolution of
more powers and functions to lower units
ii. strengthening of regional org. units as focal points for regional and
local development
iii. reinforcement of local autonomy through actual transfer of power
of supervision to local execs.
iv. strengthening of capabilities for regional and local development
planning through revitalization of regional development councils
v. continuous upgrading of planning capabilities through recruitment
of qualified technical staff and training of existing personnel
vi. active involvement of people through community orgs and NGOs
∙ provs. creating autonomous regions in Muslim Mindanao & Cordilleras
∙ increased people participation in governance and local dev’t
└ sectoral representation in local legislative councils, NGOs, political
exercise (plebiscite, referendum and recall), involvement in planning
and implementation
∙ elections of local officials every 3y + transitional politics