Nature of

Local government Units

NCBA – MASTERS IN PUBLIC

ADMINISTRATION

URBAN AND REGIONAL PLANNING

Presented By

CHARLITO A. DELA CRUZ

National Food Authority
Nature of LGUs

 Philippines is still a unitary form of

government, not a federal state.
 Under supervision of President
 Basis of Local Governance in the
Philippines
– Article X of the 1987 Constitution
– RA 7160 or LGC of 1991

URBAN AND REGIONAL PLANNING

Nature of LGUs

 Local Autonomy
– Autonomy is either decentralization of
administration or decentralization of power.
– Decentralization simply means the devolution of
national administration, not power, to LGUs.
– Decentralization comes in two forms:
 Deconcentration
 Devolution

URBAN AND REGIONAL PLANNING

Nature of LGUs

URBAN AND REGIONAL PLANNING

General Powers and attributes

 LGUs do not possess inherent

powers but have broad powers
because of local autonomy
 LGUs have constitutional and
statutory powers

URBAN AND REGIONAL PLANNING

General Powers and attributes

 Devolution is power-specific.
Only those powers enumerated
by law are transferred to LGUs.
Those not expressly transferred
are retained by the NGAs.

URBAN AND REGIONAL PLANNING

General Powers and attributes

URBAN AND REGIONAL PLANNING

General Powers and attributes

• MENU OF LGU POWERS

URBAN AND REGIONAL PLANNING

General Powers and attributes

URBAN AND REGIONAL PLANNING

General Powers and attributes

 Police Power
The State has granted the local governments
police power through the General Welfare Clause
of the 1991 Local Government Code, which gives
them as much power which gives them as much
power “as necessary, appropriate, or incidental for
their efficient and effective governance and those
efficient and effective governance and those which
are essential in promoting the general welfare ”
(Tabunda and Galang, 1992).
URBAN AND REGIONAL PLANNING
General Powers and attributes

 Police Power
– Reclassify agricultural lands
– Enforce environmental laws and the Building Code
– Demolitions and evictions
– Inspect food products
– Regulate the operation of tricycles
– Establishment and regulation of cockfights
– Punong barangay can issue barangay protective
order (Anti-Violence against Women and Children)
URBAN AND REGIONAL PLANNING
General Powers and attributes

 Eminent Domain
– Definition: Taking of Private Property for
Public Purpose; Just Compensation
– Can be used after taking;
– Limitations: Observance of due process
and payment of just compensation (strict
construction)

URBAN AND REGIONAL PLANNING

General Powers and attributes

URBAN AND REGIONAL PLANNING

General Powers and attributes

 Power to Generate and Apply Resources –

LGUs shall have the power and authority
to… create their own sources of revenues
and to levy taxes, fees, and charges which
shall accrue exclusively for their use and
disposition and which shall be retained by
them… (Section 18, LGC)
 Art. X, Sec 5, 6, and 7 of the Constitution

URBAN AND REGIONAL PLANNING

General Powers and attributes

 Local Legislation
– Collegial Body (in a session; verbal
concurrence not enough)
– Quorum (all elected and qualified)
– Voting Requirement (Majority, exception)
– Integrity of Procedure

URBAN AND REGIONAL PLANNING

General Powers and attributes

 Local Legislation

URBAN AND REGIONAL PLANNING

General Powers and attributes

 Closure and Opening of Roads

 Corporate Powers
 Authority to Negotiate and Secure Grants

URBAN AND REGIONAL PLANNING

Basic Services and Facilities

 Facilities for research and Agri Services

 Solid waste disposal system
 Social Welfare Services
 Provincial / City / Municipal buildings
 Local Enterprises
 Public Cemetery
 Health Services

URBAN AND REGIONAL PLANNING

Basic Services and Facilities

 Infrastructure facilities
– Multi-purpose Halls (B)
– School buildings (M)
– Fish ports (M)
– Parks and other recreation centers (B/M/P/C)
– Cultural Centers (M/P/C)
– Tourism Facilities (M/P/C)
– Communication and transportation facilities (C)

URBAN AND REGIONAL PLANNING

Problems encountered by lgus

URBAN AND REGIONAL PLANNING