Professional Documents
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RELATION: NATIONAL
GOVERNMENT
SUPERVISION AND
CONTROL OF LGU
KRIZZEL P. SANDOVAL
What are intergovernmental relations?
Understanding IGR and its importance
Dimensions of intergovernmental relations
POINT OF
Intergovernmental Relations in the Philippines
Local Government Code of 1991
DISCUSSION
WHAT ARE
INTERGOVERNMENTAL
RELATIONS?
Intergovernmental relations or IGR can be defined as the
“processes and institutions through which governments
within a political system interact.”
UNDERSTANDING INTERGOVERNMENTAL
RELATIONS
There are several different dimensions to IGR that provide the basis for
subsequent analysis of IGR institutions and processes. These include
vertical, horizontal, and sectoral dimensions, as well as the degree of
formality with which IGR is carried out.
Vertical dimension
IGR occurs most importantly in the ‘vertical’ relationship between the central
government and sub-national governments. In unitary systems, these are
usually referred to as National and Local governments, while in federations
we normally refer to the central or federal government and the constituent
units of the federation.
DIMENSIONS OF INTERGOVERNMENTAL
RELATIONS
Horizontal Dimension
Horizontal IGR can take many forms and involve some or all of the
constituent units. Typically, horizontal relations between constituent units
arise to deal with geographic trans-border issues such as rivers, transport,
local taxation, and service provision. In addition, national peak bodies of
constituent unit government leaders have been formed to take joint actions
not requiring the national government, to discuss common issues or to
lobby the national government on issues of joint importance.
DIMENSIONS OF INTERGOVERNMENTAL
RELATIONS
Sectoral
The third dimension of IGR relates to the policy sector in question. The
scope, frequency, and intensity of interaction can vary between policy
sectors, as can the level of cooperation or conflict. Much depends on the
financial dependence of states in each policy area, their constitutional
powers, their administrative experience and technical knowledge and
competence in the area, as well as the political importance of the issue and
how trusted each level of government is regarded within the community in
relation to the particular policy area in question.
DIMENSIONS OF INTERGOVERNMENTAL
RELATIONS
IGR occur through both formal and informal means. Formal mechanisms
can be constitutional, statutory, or by way of non-statutory institutions,
agreements, and processes. Informal IGR are inevitably more difficult to
observe but often as important as formal mechanisms, if not more so.
Informal interactions often hold the system together. In addition, there
may be unspoken rules, conventions, or principles that are important to
the conduct and effectiveness of IGR.
INTERGOVERNMENTAL RELATION
3. The IGR
mechanism must be a
platform for civic
participation.
INTERGOVERNMETAL RELATIONS IN
THE PHILIPPINES
INTERGOVERNMENTAL
RELATIONS IN THE PHILIPPINES
“SECTION 14. The President shall provide for regional development councils or
other similar bodies composed of local government officials, regional heads of
departments and other government offices, and representatives from
nongovernmental organizations within the regions for purposes of
administrative decentralization to strengthen the autonomy of the units therein
and to accelerate the economic and social growth and development of the
units in the region.”
INTERGOVERNMENTAL
RELATIONS IN THE PHILIPPINES
CODE OF 1991
National Government and Local Government Units
Section 25. National Supervision over Local Government Units.
THE LOCAL GOVERNMENT CODE OF 1991
Republic Act No. 7160
(a) Consistent with the basic policy on local (b) National agencies and offices with project
autonomy, the President shall exercise general implementation functions shall coordinate with
supervision over local government units to ensure one another and with the local government units
that their acts are within the scope of their concerned in the discharge of these functions.
prescribed powers and functions. The President They shall ensure the participation of local
shall exercise supervisory authority directly over government units both in the planning and
provinces, highly urbanized cities, and implementation of said national projects
independent component cities; through the
province with respect to component cities and
municipalities; and through the city and
municipality with respect to barangays.
THE LOCAL GOVERNMENT CODE OF 1991
Republic Act No. 7160
(c) The President may, upon request of the local (d) National agencies and offices including
government unit concerned, direct the appropriate government-owned or controlled corporations
national agency to provide financial, technical, or with field units or branches in a province, city, or
other forms of assistance to the local government municipality shall furnish the local chief
unit. Such assistance shall be extended at no extra executive concerned, for his information and
cost to the local government unit concerned. guidance, monthly reports including duly certified
budgetary allocations and expenditures.
THE LOCAL GOVERNMENT CODE OF 1991
The case of
FRANKLIN M. DRILON v. MAYOR ALFREDO S. LIM, GR No. 112497, 1994
-08-04
clearly defined the extent of this supervisory power, thus:
“The supervisor or superintendent merely sees to it that the rules are followed, but he
himself does not lay down such rules, nor does he have the discretion to modify or replace
them. If the rules are not observed, he may order the work done or re-done but only to
conform to the prescribed rules. He may not prescribe his own manner for the doing of the
act. He has no judgment on this matter except to see that the rules are followed.”
THE LOCAL GOVERNMENT CODE OF 1991
In this case, the Supreme Court cited the familiar distinction between control
and supervision:
Control being the power of an officer to alter or modify or set aside what a
subordinate officer had done in the performance of his duties and to substitute
the judgment of the former for the latter, while Supervision being the power of a
superior officer to see to it that lower officers perform their functions in
accordance with law.
THE LOCAL GOVERNMENT CODE OF 1991
Sec. 187 of the Local Government Code provides;
Procedure For Approval And Effectivity Of Tax Provided, however, That such appeal shall
Ordinances And Revenue Measures; not have the effect of suspending the
Mandatory Public Hearings. — The procedure effectivity of the ordinance and the accrual
for approval of local tax ordinances and and payment of the tax, fee, or charge levied
therein: Provided, finally, That within thirty
revenue measures shall be in accordance with
(30) days after receipt of the decision or the
the provisions of this Code: Provided,
lapse of the sixty-day period without the
That public hearings shall be conducted for the
Secretary of Justice acting upon the
purpose prior to the enactment thereof; appeal, the aggrieved party may file
Provided, further, That any question on the appropriate proceedings with a court of
constitutionality or legality of tax ordinances or competent jurisdiction.
revenue measures may be raised on appeal
within thirty (30) days from the effectivity
thereof to the Secretary of Justice who shall
render a decision within sixty (60) days from
the date of receipt of the appeal.
Thank you
SOURCES
https://onlinelibrary.wiley.com/doi/10.1111/1467-8500.12025
Yusingco, Michael Henry, IGR is a Vital Component of Good Governance (August 16, 2019).
ASOG Working Paper 19-012, Available at SSRN: https://ssrn.com/abstract=3439940 or
http://dx.doi.org/10.2139/ssrn.3439940
Atienza, Maria Ela. “Local Governments and Devolution in the Philippines.” In Philippine Politics
and Governance, edited by Noel Morada and Teresa Encarnacion Tadem, 425. Quezon City:
Department of Political Science, University of the Philippines Diliman, 2006.
https://www.officialgazette.gov.ph/downloads/1991/10oct/19911010-RA-7160-CCA.pdf
https://www.iag.org.ph/think/1859-intergovernmental-relations-in-the-philippines