› General Classification

› Nature, scope and general powers

of LGUs

› Division of LGU and their resp. roles

› The role of Local Chief Executives

“The territorial and political
subdivisions of the Republic of the
provinces ,
Philippines are the provinces •

cities
cities , municipalities
municipalities , and
barangays
barangays . There shall be
autonomous regions in Muslim
Mindanao and the Cordilleras as
hereinafter provided.”

Section 1, Article 10 of 1987 Phil. Constitution

Importance of Local Governments

› A separate article on local governments in

the Constitution is a recognition of their
value as viable organs for the performance
of local functions. Aslocal
localaffairs
affairscan
canbest
best
regulated by the people in the locality
people ,n the locality
•
regulated by the
by the
rather than by
rather the central authority , the
central authority
grant of local autonomy to local units is
considered extremely necessary for more
efficient local government system.
*PSGC Summary. National Statistical Coordination Board. June 30, 2015
LGUs as Corporations
› Defined - An artificial being created
Defined-
by operation of law, having the right
of succession and the powers,
attributes and properties expressly
authorized by law or incident to its
existence.
Classes ofofPublic
Classes PublicCorporations
Corporations:
•
•

› a) Quasi-corporation. Created by the State for

a narrow or limited purpose.
› b) Municipal corporation. A body politic and
corporate constituted by the incorporation of
the inhabitants for the purpose of local
government.
Dual Nature and Functions:
Every local government unit created or
organized [under the Local Government
Code] is a body
body politic
politic and
and corporate
corporate
endowed
endowed with powers to be exercised
with powers,
by it in conformity with law. As such, it
shall exercise powers as a political
exercise powers
•
political
subdivision of the National Government
subdivision
and as a corporate entity representing
corporate entity
the inhabitants of its territory.

Sec. 15. Political and Corporate Nature of Local Government Units.

Dual Functions:
› a) Public
Public . It acts as an
or governmental
or governmental
agent of the State, and for that
purpose exercise delegation a part of
the sovereignty of the State.
(Ex: Imposition of taxes. Preservation of peace
and order.)

› b) Private
Private or or . It acts as an
proprietary
proprietary
agent of the community in the
administration of local affairs. As such, it
acts as a separate entity, for its own
purposes, and not as a subdivision of the
State [Bara Lidasan v. Comelec, 21 SCRA 496].
General Welfare Clause (Sec. 16)
o Every LGUs shall exercise powers essential to
the promotion of the general welfare.

o They shall ensure and support:

Basic Services and Facllltles of
LG Us
health care
information services
waste disposal
social services
public markets
infrastructures; roadways police stations
tourism facilities
fire stations

Section 17(LGC)
Powerto Generate and Apply
Resources
LGU Revenue Raising Power:

Resources taxes, revenues, gains, assets &

Resources:
etc.

Purpose “productive, developmental and

Purpose:
welfare purposes”

Section 18 of LGC
(Pre-Spanish Philippines)

› Originated from the word “balangay” means

sailboat.
› The unit of government and consisted with 30-
100 families.
› Datu- Local Chieftain (Executive, Legislator,
Judge and Supreme Commander)
› Role of the Datu- to rule and govern his people
and ultimately promote their welfare and
interests.
› Cabeza de Barangay- in charge of each
barangay unit and was made part of the
local Principalia (Nobles).

› It collected taxes (tribute) from the residents

for the Spanish Crown.
“As the basic political unit, the barangay
serves as the primary
primary
•
planning and
planning and
implementing
implementing unit of government
policies,
policies, plans,
plans, programs,
programs, projects,
projects, and
and
activities
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.”

RA 7160 SEC. 384. Role of the Barangay

oo Pueblo - Spanish equivalent of townships
Pueblo-
composed of groups of barangays.

oo Gobernadorcillo
Gobernadorcillo (Municipal Mayor)- the local
chief executive: headed and administered
the affairs of the pueblo.

o Functions:
q Administration of justice
q Publics Works
q Maintaining the municipal jails
q Supervise tax collection
“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.”

SEC. 440. Role of the Municipality.

 -
Ayuntamiento-
o Ayuntamiento
› large towns were
converted into city and became the
center of trade and commerce.

› Cabildo- council governing the city

composed of:

q Alcalde (Mayor)
q Regidores (Councilors)
q Alguacil Mayor (Police Chief)
q Escribando (Secretary)
“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.”

SEC. 448. Role of the City.

 With a minimum population of two hundred thousand
(200,000) inhabitants, as certified by the National
Highly Urbanized Statistics Office, and with the latest annual income of at
Cities least Fifty Million Pesos (P50,000,000.00) based on 1991
constant prices, as certified by the city treasurer.

Whose charters prohibit their voters from voting for

Independent provincial elective officials. Independent component
Component Cities cities shall be independent of the province.

Cities which do not meet the above requirements shall

Component Cities be considered component cities of the province in
which they are geographically located.
 Alcaldia-
o Alcaldia
› a territory by which peace
and order had been established.

o Alcalde
› AlcaldeMayor
Mayor (Provincial Governor-
civil official who headed the Alcaldia
and exercised executive, legislative and
judicial powers.

› The highest judicial official in the

province and the only person authorize
to interpret the law.
“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.”

SEC. 459. Role of the Province.

-~-,-)'.;~ -,....,
r-.·'l'-~ •. •
•.1•! •
·--, ........ 1'"·-
• .,
~
i
·-
i-., '
"'-,. - . ,;._r-•.
 The Punong Barangay, as the chief
executive of the barangay, is
mandated to exercise powers and
perform duties and functions necessary
to promote the general welfare of the
barangay and its inhabitants.

RA 7160 Section 389 (LGC) & A. O 270 Rule XV. Art. 88 (IRR)
Pursuant to Section 16 of the Code, Punong
Barangay shall:
1. Enforce all laws and ordinances applicable
within the Barangay
2. Negotiate, enter into, and sign contracts.
3. Maintain public order.
4. Call and preside over the sessions and
barangay assembly. (May vote to break the
tie.)
5. Appoint or replace appointive barangay
officials.
6. Organizing and leading an emergency
group.
7. Preparing the annual executive and
supplemental budgets.
8. Approval of Vouchers
9. Enforce laws and regulating relating to pollution
control/protection of the environment;
10. Administering the operation of the katarungan
pambarangay.
11. General supervision over sangguniang kabataan
12. Ensure the delivery of basic services.
13. Conduct annual palarong barangay.
14. Promote general welfare of the barangay;
15. Exercise such other powers and perform such
other duties and functions.

(c) possess and carry the necessary firearm subject to

appropriate rules and regulations
The Punong Baran gay has more
powers, relatively speaking, than the Mayor
and Governor.
 LOCAL GOVERNMENT CODE OF 1991
Local Chief Executives; Powers, Duties,
Function & Compensation

Section 465 Provincial Governor

Section 455 City Mayor
Section 444 Municipal Mayor

IMPLEMENTING RULES AND REGULATIONS A.D 207

Rule XV Powers, Duties, & Function of the Local
Chief Executives

Article 85 Provincial Governor

Article 86 City Mayor
Article 87 Municipal Mayor
8 Section 465, 444, 455 (LGC)
Rule XV. Art. 85,86,87 (IRR)

The Provincial Governor

Governor and Mayor
Mayor,
as the chiefchief executive
executive of the
provincial and city and/or municipal
government, is mandated toexercise exercise
•

powers
powers and perform duties and
perform duties
functions
functions necessary to promote
promote the
general welfare of the locality and its
general welfare
inhabitants.
The President of the Philippines shall
exercise general supervision over
local governments. Provinces
Provinces
with respect to component
component cities
cities
and municipalities
municipalities , and cities
cities
and municipalities
municipalities with respect to
component
component barangays ,
barangays shall
ensure that the acts of their
component units are within the
scope of their prescribed powers
and functions.

Sec. 4. Article 10. 1987 Constitution

 overnors an
have basically the same powers.
1. Exercise general supervision and control over all programs,
projects, services, and activities

2. Enforce all laws and ordinances and the exercise of the

appropriate Corporate Powers provided in (Section 22),
and implement all approved policies, programs, projects,
services and activities of the local government.

3. Initiate and maximize the generation of resources and

revenues, and apply the same to the implementation of
development plans, program objectives and priorities as
provided in (Section 18).
4. Ensure the delivery of basic services and the provision of
adequate facilities provided in (Section 17), & addition
thereto, shall;

5. Exercise such other powers and perform such other duties

and functions as may prescribed by law or ordinances;
Veto Power
Rule XV- Art. 85,86,87, (b),(1)
1) Determine the guidelines of policies.
2) Direct the formulation of the local development plan.
3) Presentation of program, and propose policies and
projects.
4) Legislative measures proposal
5) Appointing local officials and employees
6) Representing the locality in all its business transaction.
(bonds, contracts & obligations)
7) Emergency measures.
8) Determine the manner, and place of payment of
salaries or wages.
9) Allocation and assignment of office space & other
official buildings.
10) Ensure duties and functions discharge by all
executive officials and employees
11) Examine the books, records and other
documents.
12) Furnishing executive orders within 72 hours after
issuance .
13) Visiting component cities and municipalities,
municipal barangays, at least 6 months.
14) Act on leave applications of officials /employees
15) Authorizing officials trips not exceeding thirty 30
days;
16) Call upon any national official or employee for
some advices to resolute matters.
17) Payment for medical care, necessary
transportation, subsistence, hospital or medical
fees.
18) The Governor as inter-provincial or regional sports
councils or committees representative: Mayor
solemnizes marriages.
19) Conduct an annual palarong
panlalawigan/panglungsod.
Rule XV- Art. 85,86,87, (b),(1)

20) Submission of annual report.

I. summary of all matters pertinent to the

management, administration and
development of the local government
II. All information and data relative to its
Political, Social and Economic
conditions;
III. Supplemental reports.
Rule XV-Art. 85,86,87, (b),(2)
1) Officials and employees within the scope of
their prescribed powers, duties and functions
2) Call conventions, seminars, or meetings of
any elective and appointive officials.
3) Issue such executive orders for the faithful
and appropriate enforcement and execution
of laws and ordinances;
4) Be entitled to carry the necessary firearm;
5) Formulate the peace and order plan and
upon its approval, implement the same in
accordance with RA 6975; and,
6) Appropriate national law enforcement
agencies to suppress disorder.
Rule XV- Art. 85,86,87, (b),(3)
1) Require preparation, submission and estimate
of appropriations for the ensuing calendar
year;
2) Submission to the sanggunian for approval.
3) Collection of taxes and revenues: payment of
expenses and settlement of obligations.
4) Issue licenses and permits and suspend or
revoke the same.
5) Permits for charitable or welfare purpose,
excluding prohibited games of chance or
shows.
6) Require necessary permit for illegal
constructions or other structures; fines and
penalties.
 7) Measures of conserving land, mineral,
marine, forest and other resources.
8) Protect the fund, credits, rights and other
properties of the Province/City/Municipality.
9) Institute administrative or judicial
proceedings for violation of local ordinances
(taxes collection.) Defend the municipality
against all suits.

Rule XV- Art. 85,86,87, (b),(4)

1) Ensure the construction and repair of roads and
highways.
2) Coordinate the implementation of technical
service
Corporate Powers of LGUs
Every local government unit, as a corporation,
shall have the following:

1. To have continuous succession in its

corporate name;

2. To sue and be sued;

3. To have and use a corporate seal;

4. To acquire and convey real or personal

property;

5. To enter into contracts; and

Veto Power of the Local Chief
Executives

Sec. 55 LCG
Reerences :
q THE LOCAL GOVERNMENT CODE OF THE PHILIPPINES (Republic Act No.
7160)

q Implementing Rules and Regulations of RA 7160 (Admin. Order 270)

q Zulueta, Francisco M. and Nebres, Abries M. (2003). Philippine History

and Government Through the Years. National Book Store, 125 Pioneer
Street Mandaluyong City 1550, Philippines.

q De Leon, Hector (2011). Textbook on Philippine Constitution. REX Book

Store, 1977 C.M. Recto Avenue Manila, Phils.

q Nachura, Antonio E.B. (2014). OTLINE REVIEWVER in Political Law. VJ

Graphic Arts, Inc. 2/F PDP Bldg., 1400 Quezon Avenue Quezon City,
Metro Manila Philippines.

q Lao, Hanya (Dec. 11, 2013) Ppt Presentation on “Powers and Functions
of Local Chief Executive.” Retrieved from:
http://www.slideshare.net/Dolphindream/revised-local-cheif-executives

q Philippine Statistical Authority Website: https://psa.gov.ph/