The Constitutional and Legal Framework

The Philippine Government system and structure is patterned

to the most civilized system of governance like United kingdom

and United States of America since it was almost the same in the

execution and enforcement of law still the National government

itself create the most effective way for it to distribute the

service to its entire country by means of the Local Government

Unit.

The Local Government Unit is system created by the National

government in order to disseminate the certain needs in the most

accurate and effective way in administering the entire country.

The said creation conform to the general accepted principle of

the Constitution for it to meet the standard’s in the execution

and process of creating such Local Government The constitutional

and legal frameworks established by or founded upon by lawful or

relating to law recognized, enforceable, or having a remedy at

law rather than in equity. Constitution is set of laws and

regulations codify the formal rules of the game by which a

decentralized system is supposed to function and should be used

to enshrine the broad principles on which decentralization is to

operate, including the rights and responsibilities of all levels

of government. To sum up according to article X in the

Constitution of the Philippines, the local governments "shall

enjoy local autonomy", and in which the Philippine

president exercises "general supervision". Congress enacted

the Local Government Code of the Philippines in 1991 to "provide

for a more responsive and accountable local government structure

instituted through a system of decentralization.

The Local Government decentralization often requires

constitutional or statutory reforms, the development of

pluralistic political parties, the strengthening of legislatures,

creation of local political units, and the encouragement of

effective public interest groups. The concept implies the

selection of representatives from local electoral jurisdictions

and allows citizens to be represented in the National Government

and to know better the needs and desires of their constituents.

The decentralization of the  local government units or LGUs, are

divided into three levels –provinces and independent cities; component

cities and municipalities; and barangays. In one area, above provinces

and independent cities, is an autonomous region, the Autonomous Region

of Muslim Mindanao. Below barangays in some cities and municipalities

are sitios and puroks. All of these, with the except of sitios and

puroks, elect their own executives and legislatures. Sitios and puroks

are often led by elected barangay councilors. Provinces and

independent cities are organized into national government regions but

those are administrative regions and not separately governed areas

with their own elected governments. The said sytem of redistribution

and delegation of certain governmental powers to this sub

Administrative body for them to govern their jurisdiction is an active

exercise of democracy and absolute constitutional right. Local

government units, have administrative autonomy in the exercise of

their functions, enjoy fiscal autonomy the power to create their own

sources of revenue in addition to their equitable share in the

national taxes released by the national government, as well as the

power to allocate their resources in accordance with their own

priorities.  They are not formulated at the national level and imposed

on local governments, whether they are relevant to local needs and

resources or not.  Hence, the necessity of a balancing of viewpoints

and the harmonization of proposals from both local and national

officials, who in any case are partners in the attainment of national

goals. Decentralization simply means the devolution of national

administration, not power, to local governments.  Local officials

remain accountable to the central government as the law may provide

This certain freedom of the Local Government to stand alone to

the National Government doesn’t becesarrily mean that they are

fully independent to the decision and supervision of the Central

Powers , still the Local Government should conform and abide

rules and regulation set by the National Government as long as it

wont prejudice the Local government Units

The Constitution itself vests the President with the power

of supervision, not control, over local government units (LGUs). 

Such power enables him to see to it that LGUs and their officials

execute their tasks in accordance with law.  While he may issue

advisories and seek their cooperation in solving economic

difficulties, he cannot prevent them from performing their tasks

and using available resources to achieve their goals.  He may not

withhold or alter any authority or power given them by the law.