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State Universities and Colleges

GUIMARAS STATE COLLEGE


Graduate School
Mc Lain, Buenavista, Guimaras
www.gsc.edu.ph

MASTER OF EDUCATION MAJOR IN SOCIAL SCIENCE

Subject: Modern Political Theories and Problems of Local Government


(Soc. Sci. 214)
Number of Hours: 54 hours
Reporter: Dañel S. Sorolla, MPA
Professor: Mary Claudette B. Bactung, LlB, MPA, MEd

LOCAL GOVERNMENT UNDER REPUBLIC ACT 7160 OR THE LOCAL


GOVERNMENT CODE OF 1991

History of Local Government


The cities, municipalities, and provinces of today evolved from the barangays
of pre-Spanish times, the pueblos and cabildos of the Spanish colonial days and the
townships of the American regime.

The Barangay
The pre-Spanish barangays were the first political and social organizations of
the Philippines. A barangay was a settlement of some 30 to 100 families and a
governmental unit in itself.

Spanish Conquest and Centralism


Spanish Conquest and Centralism The 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), Cabildos (cities),
and provincias (provinces). 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
Modern Political Theories and Problems in Local Government (Soc. Sci. 214) First Semester 2019
Reporter: Sorolla, Dañel S.
Professor: Mary Claudette B. Bactung, LlB, MPA, MEd
State Universities and Colleges
GUIMARAS STATE COLLEGE
Graduate School
Mc Lain, Buenavista, Guimaras
www.gsc.edu.ph

barangay whose only remaining function was the collection of taxes for the Spanish
government.

Local Government 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.”

Local Government 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 for a President to
be elected viva voce 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.

Modern Political Theories and Problems in Local Government (Soc. Sci. 214) First Semester 2019
Reporter: Sorolla, Dañel S.
Professor: Mary Claudette B. Bactung, LlB, MPA, MEd
State Universities and Colleges
GUIMARAS STATE COLLEGE
Graduate School
Mc Lain, Buenavista, Guimaras
www.gsc.edu.ph

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.

Local Government 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.
During Marcos's authoritarian years (1972-86), a Ministry of Local Government
was instituted to invigorate provincial, municipal, and barangay governments. But,
Marcos's real purpose was to establish lines of authority that bypassed 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.

Local Government at Present


After the People's Power Revolution, the new Aquino government decided to
replace all the local officials who had served Marcos. Corazon Aquino delegated this
task to her political ally, Aquilino Pimentel. Pimentel named officers in charge of local
governments all across the nation. Local officials elected in 1988 were to serve until

Modern Political Theories and Problems in Local Government (Soc. Sci. 214) First Semester 2019
Reporter: Sorolla, Dañel S.
Professor: Mary Claudette B. Bactung, LlB, MPA, MEd
State Universities and Colleges
GUIMARAS STATE COLLEGE
Graduate School
Mc Lain, Buenavista, Guimaras
www.gsc.edu.ph

June 1992, under the transitory clauses of the new constitution. Thereafter, terms of
office were to be three years, with a three-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.

Basic Principles of Local Government


Four Outstanding Features of the Local Government Code
• Devolves to LGUs the responsibility for delivery of basic services that have
always belonged to the national government
• Grants LGs significant regulatory powers that traditionally always
belonged to the national government agencies
• Significantly increases the financial resources available to LGUs thru
increased IRA
• Recognizes & encourages the active participation of the private sector,
NGOs, & POs in the process of governance

Local Governments play a vital role in development


• Sec. 2. Declaration of Policy
The territorial & political subdivisions of the State shall enjoy genuine and
meaningful local autonomy to enable them to attain their fullest
development as self-reliant communities & make them more effective
partners in the attainment of national goals; provide a more responsive and
accountable local government structure instituted through a system of
decentralization whereby LGUs shall be given more powers, authority,
responsibilities, and resources.

Modern Political Theories and Problems in Local Government (Soc. Sci. 214) First Semester 2019
Reporter: Sorolla, Dañel S.
Professor: Mary Claudette B. Bactung, LlB, MPA, MEd
State Universities and Colleges
GUIMARAS STATE COLLEGE
Graduate School
Mc Lain, Buenavista, Guimaras
www.gsc.edu.ph

• national agencies and offices are required to conduct periodic


consultations with appropriate LGUs, NGOs,& POs before any project or
program is implemented
•(g) capabilities of LGUs, especially municipalities & barangays, shall be
enhanced thru active participation in the implementation of national
programs & projects.
• LGUs shall share with the national government the responsibility in
managing & maintaining ecological balance within their territorial
jurisdiction
• Sec. 16. General Welfare. – LGUs shall ensure and support preservation &
enrichment of culture, promote health & safety, enhance right of people to
a balanced ecology, encourage & support development of appropriate &
self-reliant scientific & technological capabilities, improve economic
prosperity & social justice, promote full employment among residents,
maintain peace & order, & preserve the comfort & convenience of
inhabitants.
• Sec. 17. Basic Services & Facilities. – LGUs shall discharge the functions &
responsibilities of national agencies & offices devolved to them; exercise
powers & discharge functions & responsibilities incidental to efficient &
effective provision of the basic services and facilities enumerated

Devolved Basic Services


• Agriculture
• Health
• Social services
• Environment & natural resources
• Public works

Modern Political Theories and Problems in Local Government (Soc. Sci. 214) First Semester 2019
Reporter: Sorolla, Dañel S.
Professor: Mary Claudette B. Bactung, LlB, MPA, MEd
State Universities and Colleges
GUIMARAS STATE COLLEGE
Graduate School
Mc Lain, Buenavista, Guimaras
www.gsc.edu.ph

• Tourism
• School building program

Powers of the Local Government Units


1. Sec. 3, Art. X of the 1987 Constitution: 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
qualification, election, appointment or 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.
2. Two - fold Purpose of LGS: Dual Agency
Political & Corporate Nature: (Sec. 15)
A. To serve as an agency or instrumentality of the state in carrying on the functions
of government which the state cannot conveniently exercise
B. To act as an agency of the inhabitants of the community
3. Two - fold Character of LGS: Governmental and Private
A. Act as agents of State for the government of the territory & the inhabitants within
the LGs limits
B. Act in similar category as a business corporation in the administration of local
affairs beyond the sphere of public purposes for which government powers are
vested like in managing public markets & cemeteries
4. Regulatory Powers
• Power to generate & apply resources
• Power of eminent domain

Modern Political Theories and Problems in Local Government (Soc. Sci. 214) First Semester 2019
Reporter: Sorolla, Dañel S.
Professor: Mary Claudette B. Bactung, LlB, MPA, MEd
State Universities and Colleges
GUIMARAS STATE COLLEGE
Graduate School
Mc Lain, Buenavista, Guimaras
www.gsc.edu.ph

• Power to reclassify agricultural lands (not under CARP): 15% for HUC &
Independent Component Cities; 10% for
• Component Cities & 1st to 3rd Class Municipalities; 5% for 4th to 6th
Class Municipalities
• Power to close & open roads
• Inspection of food products
• Adoption of quarantine regulations
• Enforcement of National Building Code
• Regulation and operation of tricycles
• Regulation of real estate trade and business
• Licensing of cockpits & regulation of cockfighting
5. Corporate Powers
• To have continuous succession in its corporate name
• To sue & be sued
• To have and use a corporate seal
• To acquire and convey real or personal property
• To enter into contracts
• To exercise other powers granted to corporations subject to limitations in
Code & other laws
6. Types of LGUs Under the 1987 Constitution
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 herein provided.
• Autonomous Regions – 2 regions were preidentified but only one is existing
• Provinces – composed of clusters of municipalities or municipalities and
component cities
• Cities – component (independent & dependent) and highly urbanized

Modern Political Theories and Problems in Local Government (Soc. Sci. 214) First Semester 2019
Reporter: Sorolla, Dañel S.
Professor: Mary Claudette B. Bactung, LlB, MPA, MEd
State Universities and Colleges
GUIMARAS STATE COLLEGE
Graduate School
Mc Lain, Buenavista, Guimaras
www.gsc.edu.ph

• Municipalities – composed of barangays


• Barangays – basic political unit
7. Special Types of LGUs
Sec. 11, Art. X, 1987 Constitution: The Congress may, by law, create special
metropolitan political subdivisions, subject to a plebiscite as set forth in Section 10
hereof, The component cities and municipalities shall retain their basic autonomy
and shall be entitled to their own local executives and legislative assemblies. The
jurisdiction of the metropolitan authority that will thereby be created shall be limited
to basic services requiring coordination; PD 824(MMC, 4/76), EO 392(MMA,1/9/90,
RA 7924(MMDA, 2/95)
8. LGU Creation Criteria

9. Branches/Compositions of LGUs
• Executive Branch – composed of Provincial
• Governors, City and Municipal Mayors, and
• Punong Barangays.
Called local chief executives
(LCEs), they exercise executive powers

Modern Political Theories and Problems in Local Government (Soc. Sci. 214) First Semester 2019
Reporter: Sorolla, Dañel S.
Professor: Mary Claudette B. Bactung, LlB, MPA, MEd
State Universities and Colleges
GUIMARAS STATE COLLEGE
Graduate School
Mc Lain, Buenavista, Guimaras
www.gsc.edu.ph

• Legislative Branch – serves as lawmaking & consultative body; Sangguniang


Panlalawigan for the province; Sangguniang Panlungsod for the city; Sanguniang
Bayan for the municipality; and Sangguniang Pambarangay for the barangay.
10. Elective Officials Common to All Provinces
• Governor
• Vice Governor
• Sangguniang Panlalawigan:
• Presiding officer
• Regular members determined by class of unit
• President of the Liga ng mga Barangay
• President of Sangguniang Kabataan Federation
• President of the Federation of Sangggunian Members
• 3 Sectoral representatives: women, agricultural or industrial
workers, and 1 from other sectors(urban poor, indigent cultural
communities, or disabled)
11. Elective Officials Common to Cities and Municipalities
• Mayor
• Vice Mayor
• Sangguniang Panlungsod/Bayan:
• Presiding officer
• Regular members of the Sanggunian
• President of the Liga ng mga Barangay
• President of the Sangguniang Kabataan Federation
• 3 Sectoral representatives: women, agricultural or industrial
workers, and one from other sectors(urban poor, indigenous cultural
communities or disabled)

Modern Political Theories and Problems in Local Government (Soc. Sci. 214) First Semester 2019
Reporter: Sorolla, Dañel S.
Professor: Mary Claudette B. Bactung, LlB, MPA, MEd
State Universities and Colleges
GUIMARAS STATE COLLEGE
Graduate School
Mc Lain, Buenavista, Guimaras
www.gsc.edu.ph

12. Elective Officials Common to All Barangays


•Punong Barangay
•7 Sanggunian Members
•Sangguniang Kabataan Chairman
•Barangay Secretary
•Barangay Treasurer
13. Compensation of Elective Officials

14. Compensation of Barangay Officials


• Honoraria, allowances & other emoluments authorized by law or barangay,
municipal or city ordinance in accordance with Code
• Not less than 1,000 pesos/month for PB & 600 pesos/month for
sanggunian members, secretary & treasurer
• Christmas bonus of not less than 1,000 pesos
• Free medical and hospital care but not to exceed 5,000 pesos in case of
extreme urgency
• Free tuition and matriculation fees for legitimate dependents in state
colleges/universities
• Insurance coverage which includes tanods & brigade members not
exceeding 20 per barangay

Modern Political Theories and Problems in Local Government (Soc. Sci. 214) First Semester 2019
Reporter: Sorolla, Dañel S.
Professor: Mary Claudette B. Bactung, LlB, MPA, MEd
State Universities and Colleges
GUIMARAS STATE COLLEGE
Graduate School
Mc Lain, Buenavista, Guimaras
www.gsc.edu.ph

15. Powers of Local Chief Executives


• Execute all applicable laws & ordinances within territorial jurisdiction
of Appointing authority
• Supervisory authority over executive officials of unit
• Issuance of executive orders
• Police power
• Visitorial power
• Issuance of permits
• Difference: mayors can solemnize marriage
16. Power of the Sanggunians
• Approve ordinances & pass resolutions necessary for effective & efficient
local government
• Generate & maximize use of resources & revenues for development plans,
program objectives & priorities of the local government
• enact annual/supplemental appropriations; appropriate funds for specific
programs, projects, services & activities
• enact ordinances levying taxes, fees & charges; grant tax exemptions,
incentives & reliefs
17. Approval of Ordinances
• LCE may veto in writing any ordinance on the ground that it is prejudicial
to public welfare
• Veto action must be communicated by LCE within 15 days (province) and
10 days (city or municipality), otherwise, it is deemed approved
• Sanggunian may override veto with 2/3 vote of all members
• LCE, except PB, has power to veto any particular item or items of
appropriation ordinance, local development plan & public investment

Modern Political Theories and Problems in Local Government (Soc. Sci. 214) First Semester 2019
Reporter: Sorolla, Dañel S.
Professor: Mary Claudette B. Bactung, LlB, MPA, MEd
State Universities and Colleges
GUIMARAS STATE COLLEGE
Graduate School
Mc Lain, Buenavista, Guimaras
www.gsc.edu.ph

program ordinance or ordinance directing the payment of money or


creating liability but shall not affect the other items
• Within 3 days the Sanggunian Secretary shall transmit to the
Sangguniang Panlalawigan for review an ordinance to determine its
consistency & validity.
18. Issues and Concerns on Decentralization
• Perception that devolution will simply increase the powers of local bosses
& warlords further entrenching them
• “absorptive capacities of LGUS:” Are they adequately prepared to assume
the increased responsibilities and exercise the powers devolved to them?
• Resistance of certain devolved agencies to devolution & subsequent
moves to recentralize the health sector
• Unequal distribution of financial resources (IRA) due to not-so studied
formula with cities gaining a windfall while municipalities & provinces are
not able to afford the cost of devolution
• “lags” in the release of IRA
• Lack of guidelines from NGs in operationalizing devolution
• Continuing need to define & clarify intergovernmental relations
• Hesitance among NGOs & POs to participate in local governance due to
continuing distrust between government & non-government sectors
• General lack of information about the Code among various stakeholders
• Do NGOs have the capabilities to assume increased responsibilities in local
governance within the framework of the Code
• Need to monitor “people empowerment provisions”; harmonize GONGO
relations & clarify & delineate Intra-NGO relations

Modern Political Theories and Problems in Local Government (Soc. Sci. 214) First Semester 2019
Reporter: Sorolla, Dañel S.
Professor: Mary Claudette B. Bactung, LlB, MPA, MEd
State Universities and Colleges
GUIMARAS STATE COLLEGE
Graduate School
Mc Lain, Buenavista, Guimaras
www.gsc.edu.ph

• 40-60 share in national revenues equivalent only to 14% of national


budget
• 45-55 personnel services limitation

REFERENCES:

Agra, Alberto C. 1995. 12 Basic Features of Local Autonomy. Lecture presented to the Local
Autonomy Forum, Baguio City.

Brillantes, Alex Jr. B. 1998. Decentralized Democratic Governance Under the Local
Government Code: A Government Perspective, Manila: Philippine Journal of Public Administration.

Brillantes, Alex Jr. B.1992 Local Government Code Encourages NGO Participation in Local
Governance, Manila Bulletin.

Legaspi, Perla E.2001.The Enabling Role of Local Governments. QC: UP National College of
Public Administration and Governance.

Panganiban, Elena M.1998 Metropolitanization Within a Decentralized System: The Philippine


Dilemma. QC: Center for Local and Regional Governance and National College of Public Administration
and Governance.

Reporter:

DAÑEL S. SOROLLA, MPA


M.Ed. Social Science
First Semester 2019

Modern Political Theories and Problems in Local Government (Soc. Sci. 214) First Semester 2019
Reporter: Sorolla, Dañel S.
Professor: Mary Claudette B. Bactung, LlB, MPA, MEd

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