Name : Rolando C.

Miaga Date : February 23, 2019

Professor : Dr. Amelia Girly Aranas Schedule : 11:30-2:30 PM, SAT

Academic Paper No. I

The Constitutional Provisions;
Background of the Philippines Local Government Code of 1991
(RA 710); And General Provisions and Principles of Code

The Philippine Constitution is meant to set up a just and humane

society, based on the ideals and aspirations of the Filipino people. The

constitution also establishes national sovereignty over all of the Philippine

islands.

The constitution of the Philippines is the supreme law of the land as

of 1987. it is also meant to establish government authority and protect the

welfare of the Filipino people. Democratic institutions have been set up,

such as universal voting rights for people. There are also judicial, executive

and congressional branches of governance. Constitution is important

because it protects the individual freedom, and fundamental principles to

the Philippines. It places the government's power in the hands of the

citizens. It limits the power of the government and establishes a system of

checks and balances.

Article X The Local Government refers to a political subdivision of a

nation which is constituted by law and has substantial control of local

affairs, with officials elected or otherwise locally selected. The

Constitution of the Philippines recognizes the importance of LG, it provides

as a policy that the State shall guarantee and promote the autonomy of
LGU specially the Barangays to ensure their fullest development as self-

reliant communities.

State Policy is a declared policy of state, mandated by the

Constitution, to promote the autonomy of local governments to ensure

their fullest development as self-reliant communities. This fundamental

objective and accountable local government structure; effecting a more

equitable, systematic and rational distribution of government powers,

responsibilities and resources by entrusting to local government functions

within their administrative capabilities and expanding the decentralization

scheme to vest upon local governments with more powers, responsibilities,

and resources.

Efforts to develop local governments have been made even before

the adoption of the new constitution through the enactment of various

laws, although it was the new charter itself and a series of presidential

decrees promulgated under a new political and social order that gave real

and meaningful powers to local government units. Notable among these

decrees are the local tax code (presidential decree No. 231) Real Property

tax code P.D. 464 Local fiscal administration Decree P.D 477, and the

local government financing decree P.D. 752. To complement these

decrees, governmental powers have been decentralized for administrative

expediency and as a means of establishing an effective partnership

between the national and local governments in the achievement of mutual

development goals.
 Scope of local Autonomy. Judicial opinion on the scope and extent

of local autonomy has varied in the past between the liberal historical view

and the strict legal theory such that in some cases, the supreme court

sanctioned absolute presidential control over the local governments. While

in others its interpretation of the presidential power over local governments

learned more towards the side of local autonomy. The new Constitution,

however, resolves this question definitely and with finality. For apart from

making the various political subdivisions constitutional creations, their

territorial boundaries may not now be altered without the consent of the

inhabitants in the affected area. Which is precisely what autonomy implies

– the right of the people to decide their own affairs in true democratic

fashion local autonomy, however, no matter its magnitude, must be

consistent with the unitary concept of government which is the larger

concern of the constitution.

The Code shall apply to all local government and to extent herein

provided to official, offices or agencies of the national government. Under

the Constitution, the territorial and political subdivision of the Philippines

to which the provision of the Code apply commonly are provinces, cities

and municipalities, and barrios, the last having been renamed barangays

by virtue of Presidential Decree No. 557.

Sub-provinces and municipal districts are not among those mentioned in

the Constitution. They were created by law as special political units for

administrative purposes, and are either on their way out of the Philippine
governmental system or abolished under this code. Existing sub-provinces

are given ten years from the approval of this code within which to develop

themselves into regular provinces, while municipal districts are abolished

and converted into regular municipalities.

Regional Government are special administrative units, created under

the integrated reorganizational plan of 1972 to facilitate the conduct of

governmental affairs at the regional, rather than the national level. The

country is presently divided into thirteen regions, each consisting of a

number of contiguous provinces and cities.

Metroplitan Manila is a regular political unit, created under Presidential

Decree no. 824, and vested with the powers and attributes of municipal

corporation.

Metropolitan Manila is governed by a Commission under a governor,

appointed by the President of the Philippines, and exercising jurisdiction

over the cities of Manila, Quezon, Pasay, Caloocan, and the municipalities

of Makati, Mandaluyong, San Juan, Las Pinas, Malabon, Navotas, Pasig, Pa

The rules contained in this provision of the code are taken from the

Local Autonomy Act (R.A. No.2264) they serve to ensure faithful

compliance with the constitutional intent of local autonomy. Thus any

doubt over the interpretation of any law, rule or regulation, order or

directive involving local governmental power and rights must be resolved

in favor of local autonomy. The provision against the infringements and

third parties is likely wise lifted from the local autonomy act, consistent
with the constitutional injunction against the impairment of the obligation

of contracts.

Conformably with the rules of statutory construction, in the event no

legal provision or jurisprudence can be found to apply to the resolution of

controversies arising under this code, resort may be had to the customs

and traditions of the place where the controversy arose, subject to the

provision of the Civil Code regarding the admissibility of customs as source

of law. The following additional rules can be helpful in interpreting the

provision of this code.