Local Government/Regional Administration

Introduction

The 1991 Local Government Code, which initiated the decentralization process in

the Philippines by empowering local governments to more effectively respond to their

community needs, has always been referred to as radical and revolutionary. It now

serves as an example for other countries on how local governments have accepted,

adjusted, and adapted to this development panacea.

However, after nearly two decades of local autonomy, it has become imperative to

know and describe the progress, initiatives, and innovations of local governments 19

years after the Local Government Code was passed.

Objective

To be able to know and understand Local Autonomy and how it redefined

governance in the Philippines.

Review of Literature

1. What is Local Autonomy? Self-Determination? Decentralization?

Devolution? DE concentration?

Local Autonomy is generally described as the ability of the local

governments for self-government - be it at the regional, provincial, city,

municipal or barrio/barangay level. It has always been related to the general

idea of decentralization. It should be emphasized; however, local autonomy is

more specifically related to political decentralization than to administrative

decentralization (Andreas Ladner, 2018).

Self-Determination is the process by which a group of people, usually

possessing a certain degree of national consciousness, form their own state

and choose their own government. As a political principle, the idea of self-

determination evolved at first as a by-product of the doctrine of nationalism, to

which early expression was given by the French and American revolutions

(Duignan, n.d.).

Decentralization of local government is a very important process for the

democratic development of a country. Decentralization is defined as the

process of political devolution, fiscal and decision-making from central

government to local level. This transfer of powers to local level makes this

important process difficult to realize. This reform is stretched almost

democratization worldwide, mainly in developing countries and in countries

which come from deep political transformations.

Decentralization of power is made to challenge the monopoly of central

government decision-making. This reform aims to:

• Make a more stable democratic system;

• Increase government efficiency and effectiveness;

• Stimulate the creation of a stable basis for economic development in local

and national level;

• Make more transparent governance;

• Involvement of citizens in decision-making.

 Decentralization strengthens the principle of transparency and accountability.

The principle of accountability works best at local level, devolution of power

makes government more accountable for the implementation of its tasks.

Decentralization also increases the level of citizen participation in making

major

decisions and directly affecting the community. As an integral part of

democratization, this process is closely linked with the strengthening of citizen

participation in decision making. The principle of sub solidarity or rule closer to

its citizens is the basic concept of decentralization.

Devolution is a form of Decentralization where there is a transfer of power

and authority from the national government to local government units or

LGUs. On the other hand, DE concentration is also a form of

Decentralization where there is a transfer of power, authority or responsibility

or the discretion to plan, decide and manage from central to local levels;

administrative or sectorial.

2. What is the authority of the President and Congress over LGUs?

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

qualifications, election, appointment and 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. The President shall exercise

general supervision over local governments. Provinces with respect to

component cities and municipalities, and cities and municipalities with respect

to component barangays, shall ensure that the acts of their component units

are within the scope of their prescribed powers and functions (The 1987

CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES – ARTICLE X)

3. What is the extent of supervision? Of control?

In administrative law, supervision means overseeing or the power or

authority of an officer to see that subordinate officers perform their duties. If

the latter fail or neglect to fulfill them, the former may take such action or step

as prescribed by law to make them perform their duties. Control, on the

other hand, means the power of an officer to alter or modify or nullify or set

aside what a subordinate officer has done in the performance of his duties

and to substitute the judgment of the former for that of the latter.

For instance, officers in control lay down the rules in the performance or

accomplishment of an act. If these rules are not followed, they may, in their

discretion, order the act undone or redone by their subordinates or even

decide to do it themselves. On the other hand, supervision does not cover

such authority. Supervising officials merely see to it that the rules are

followed, but they themselves do not lay down such rules, nor do they have

the discretion to modify or replace them. If the rules are not observed, they

may order the work done or redone, but only to conform to such rules. They

may not prescribe their own manner of execution of the act. They have no

discretion on this matter except to see to it that the rules are followed.
 Under our present system of government, executive power is vested in the

President. The members of the Cabinet and other executive officials are

merely alter egos. As such, they are subject to the power of control of the

President, at whose will and behest they can be removed from office; or their

actions and decisions changed, suspended or reversed. In contrast, the

heads of political subdivisions are elected by the people. Their sovereign

powers emanate from the electorate, to whom they are directly accountable.

By constitutional command, they are subject to the President’s supervision

only, not control, so long as their acts are exercised within the sphere of their

legitimate powers. By the same token, the President may not withhold or alter

any authority or power given them by the Constitution and the law (Team,

n.d.).

4. Discuss the following:

a. “local government as body politic”

A body politic, in Western political thought, an ancient metaphor by which

a state, society, or church and its institutions are conceived of as a

biological (usually human) body. As it is usually applied, the metaphor

implies hierarchical leadership and a division of labor, and it carries a

strong autocratic or monarchial connotation (Rollo-Koster, 2017).

Every local government unit created or recognized under the Local Code

is a body politic and corporate endowed with powers to be exercised by it

in conformity with law. As such, it shall exercise powers as a political

 subdivision of the national government and as a corporate entity

representing the inhabitants of its territory.

b. “genuine and meaningful local autonomy”

The true meaning of local autonomy could be achieved if governance is

more directly responsive and effective at the local levels. Through the

devolution of powers, our local governments will be able to chart their own

destinies and make their lasting imprint in the arena of public service

(Moisiu, 2014).

c. “beyond the commerce of man” with reference to opening and

closure of roads

All things which are not outside the commerce of men may be the object of

a contract (Civil Code, Article 1347). Accordingly, a contract whose objects

is outside the commerce of men is inexistent and void from the beginning

(Civil Code, Article 1409).

The Civil Code, or any other law, does not contain a definition of the

phrase “outside the commerce of men”. The phrase does not refer to

“impossible things or services,” as there are covered by a separate

provision in the Civil Code (Article 1348). Neither does it refer to “services

which are not contrary to law, morals, good customs, public order or public

policy,” as these are also covered by a separate provision in the Civil Code

(Article 1347, third paragraph). What we have are illustrative cases to shed

light on what constitutes “outside (or within) the commerce of men”.

 For instance, public roads and other properties for public use are outside

the commerce of man, and may not be the subject of lease or other

contracts. Property of public dominion is outside the commerce of man

and, hence, it: (1) cannot be alienated or leased or otherwise be the

subject matter of contracts; (2) cannot be acquired by prescription against

the State; (3) is not subject to attachment and execution; and (4) cannot

be burdened by any voluntary easement (Pamaos, 2018).

In other words, property belonging to the public domain, or those owned

by the State such as forest or timber land or mineral land, is outside the

commerce of man. It cannot be titled and any title which may be issued is

void. There is no prescription or estoppel in questioning the acquisition,

even if a title has been issued in favor of an “innocent purchaser”.

Conclusion and Recommendation

Indeed, decentralization has redefined governance in the Philippines, with the

Local Government Code of 1991 providing local governments with the enabling

environment to experiment and be more responsive to community needs. With

localized service delivery, citizens are more satisfied with local governments than

with national government. A recent nationwide citizen survey conducted by the

Social Weather Stations reflect that citizens are in fact more satisfied with local

governments than with national government. The specific local government services

citizens are most satisfied with are: maintaining of the public market, implementing

educational programs, promoting sports programs, maintaining of health centers,

lighting of streets, collecting garbage, protecting the environment, and providing

information on taxes and permits; especially when it comes to transparency.

However, citizens remain dissatisfied with the performance of local governments in

eradicating graft and corruption.

References

Andreas Ladner, N. K. (2018, October). What is Local Autonomy. Retrieved from

SpringerLink: https://link.springer.com/chapter/10.1007/978-3-319-95642-8_1
Duignan, B. (n.d.). Self-Determination. Retrieved from Britannica:
https://www.britannica.com/topic/self-determination
Team, D. T. (n.d.). What is Decentralization. Retrieved from General Information:
http://www.ciesin.org/decentralization/English/General/Different_forms.html
Rollo-Koster, J. (2017, October). Body Politic. Retrieved from Britannica:
https://www.britannica.com/topic/body-politic
Moisiu, A. (2014). Decentralization and the Increased autonomy in Local
Governments. Retrieved from sciencedirect.com:
https://pdf.sciencedirectassets.com/277811/1-s2.0-S1877042814X00030/1-
s2.0-S1877042813051227/main.pdf?X-Amz-Security-
Token=IQoJb3JpZ2luX2VjEAQaCXVzLWVhc3QtMSJIMEYCIQCc61iSfZ
%2FHSYatpvK6DUwnrem8yNV2GgUmukYNpOeokQIhAKLufWWY4w41NjbT
Lx3yTR08ULGb4syZNeqrwYmOXu
Pamaos, F. B. (2018, April 26). Objects Outside The Commerce of Men. Retrieved
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commerce-of-men/#:~:text=The%20Civil%20Code%2C%20or%20any,outside
%20the%20commerce%20of%20men%E2%80%9D.&text=The%20status
%20of%20a%20person,lifetime%20of%20the%20presumed%20parents.